PPRuNe Forums - View Single Post - Pilots in NL prosecuted and found guilty for disturbing wildlife
Old 1st Jul 2012, 12:41
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The Dutch appeal court has ruled that flying over the Natura 2000 aera of the Oostvaarders plassen does not constitute a disturbance of wildlife.
Actually the findings of the court were slightly different.

The courts interpretation of the Flora- and Fauna law is that it's aimed at long-lasting protection of wildlife areas. To be prosecuted under the law requires a long lasting or serious disturbance of the wildlife sanctuary, where the ecosystem may suffer long-term effects.

The most important sentence is probably this:

Sporadische verstoringen zonder enige waarschijnlijke negatieve invloed worden niet beschouwd als een verstoring in de zin van de Flora- en faunawet.
("Sporadic disturbance without any probable negative influences will not be considered a disturbance under the Flora- and Fauna law.")

So the court did acknowledge the rangers finding that the pilots actually caused a disturbance (birds taking flight), but didn't find the disturbance severe enough to cause long-lasting effect to the ecosystem. And thus finds the disturbance not punishable under the Flora- and Fauna law.

In the long run, the court has now placed a significant limit on the application of the Flora- and Faunalaw. Whereas previously any disturbance was cause for prosecution, the prosecutor now has to prove a long-lasting effect on the ecosystem.

All in all a very happy ending. Both for the pilots involved (a conviction, even without punishment, would give them a criminal record) and for aviation in general.
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