Weather protection equipment (similar to tents)
Ordinance of .......laying down more detailed provisions on the condition and dimensions of weather protection equipment and umbrellas used for fishing (Carinthian Weather Protection Ordinance - [Kärntner Wetterschutzverordnung – K-WSV])
This draft Ordinance serves to implement the Carinthian Nature Conservation Act 2002 [Kärntner Naturschutzgesetzes - K-NSG 2002], Provincial Law Gazette No 79/2002, last amended by Provincial Law Gazette No 71/2018 and the ‘distinction of the terms “tent” and “tents/camping”’ in accordance with § 15 of K-NSG 2002 as currently in force.
In June 2018, the Constitutional Service of the Province of Carinthia and the Subdivision for Nature Conservation and National Park Law (Department 8) received the instruction for the competent nature conservation advisor to prepare a draft amendment to § 15 of K-NSG 2002 including a mandatory power to issue statutory instruments and also to prepare the draft of this Ordinance (Carinthian Weather Protection Ordinance).
In its evaluation procedure for the amendment of § 15 K-NSG 2002 in 2018, the Constitutional Service stated, among other things, that there would be a new Ordinance on the use of ‘weather protection’ by fishermen, supplemented by a power to issue statutory instruments. The challenge for the legislature is, on the one hand, to do justice to the legitimate interests of fishing as regards the modern practice of fishing and, on the other hand, to prevent camping in the open countryside under the guise of fishing.
The use of weather protection during fishing (and not during other leisure activities) should only be permitted under the following conditions:
a) Directly on the river bank.
b) Only for those who are authorised to fish.
c) When commercial appliances (brollies, bivys, umbrella tents, umbrellas) are considered as weather protection/umbrellas to protect against rain, wind and sunshine. The distinction of these objects must be determined by way of an ordinance so that camping is excluded.
d) The type and design of the equipment necessary for fishing must be taken into account.