Apply for a determination of damage caused by game and hunting
If a plot of land belonging to a community hunting district or attached to a community hunting district is damaged by hoofed game, wild rabbits or pheasants, the hunting cooperative must compensate the injured party for the damage caused by game. The compensation paid from the cooperative fund is to be borne by the individual hunting companions in proportion to the area of their participating properties. If the hunting leaseholder has taken over the compensation of the game damage in whole or in part, the hunting lessee is liable for compensation. The hunting cooperative's obligation to pay compensation remains in force if the injured party is unable to obtain compensation from the lessee.
Damage caused by game to properties that are attached to a private hunting district must be compensated by the owner or the beneficiary of the private hunting district. In the case of leasing, the hunting leaseholder is liable if he has undertaken to compensate for the damage caused by game in the lease agreement. In this case, the owner or the usufructuary is liable only to the extent that the injured party cannot obtain compensation from the lessee.
In the case of land belonging to a private hunting district, apart from the cases referred to in paragraph 2, the obligation to compensate for damage caused by game (paragraph 1) is governed by the legal relationship existing between the injured party and the person entitled to hunt. Unless otherwise specified, the person entitled to hunt is liable for compensation if he or she is responsible for the damage due to inadequate shooting.
In order to assert claims for compensation, the wildlife damage must be reported to the local regulatory authorities of the authorities and district-free city. Field damage must be reported 1 week after knowledge, forest damage by 1 May or 1 October of the year after knowledge.
Payments to compensate for the damage caused by wild animals are made after notification and assessment of the damage by the responsible wildlife compensation offices.
Competent authority
The local regulatory authorities of the offices and independent cities are responsible for processing applications.
Requirements
- Timely application to the local regulatory authority
- Proof of damage
Which documents are required?
- Name of the person liable for damages
- Field map excerpt with the marked damage area
What are the fees?
Fees are charged for the following official acts:
- Issuance of a preliminary ruling without an on-site visit: EUR 45.00
Reaching an amicable settlement in accordance with
- the first on-site visit: EUR 90.00
- the second on-site visit: EUR 155.00
- for each additional on-site visit, the fee increases by EUR 45.00
issuance of a preliminary ruling pursuant to
- the first on-site visit: EUR 130.00
- the second on-site visit: EUR 200.00
- for each additional on-site visit, the fee increases by EUR 45.00
In the event of an amicable settlement, half of the costs are borne by the party obliged to pay compensation and half by the injured party.
When issuing a preliminary ruling, the regulatory authority decides who bears the costs. In that regard, costs which would not have been incurred if the matter had been properly dealt with must be borne by the party who caused them.
Process flow
- Application
- Summons to the on-site appointment
- On-site visit with damage estimation
- Termination of the procedure by a valid agreement
- If no amicable agreement is reached: preparation of an expert opinion
- Termination of the proceedings by pre-trial decision
What deadlines do I have to pay attention to?
- in case of field damage: 1 week after knowledge
- in case of forest damage: by 1 May or 1 October after knowledge
Processing duration
The processing time may vary from case to case.