(1) Whosoever contrary to an ordinance enacted on the basis of the Federal Emission Control Act relating to an area which requires special protection against harmful environmental effects of air pollution or noise or in which a great increase in harmful environmental effects can be expected during periods of thermal inversion, operates facilities within the area shall be liable to imprisonment not exceeding three years or a fine. Whosoever operates facilities in such an area contrary to an enforceable order, which was issued on the basis of an ordinance indicated in the 1st sentence above shall incur the same penalty. The 1st and 2nd sentences above shall not apply to motor-vehicles, rail vehicles, aircraft or watercraft.

(2) Whosoever contrary to an ordinance or an enforceable injunction enacted to protect a water or mineral spring conservation area

1.  operates in-plant facilities dealing with water-endangering substances;

2.  operates pipeline facilities to transport water-endangering substances or transports such substances; or

3.  mines gravel, sand, clay or other solid substances within the framework of a commercial operation,

shall be liable to imprisonment not exceeding three years or a fine. A facility of a public enterprise is also an in-plant facility within the meaning of the 1st sentence.

(3) Whosoever contrary to an ordinance or an enforceable injunction enacted to protect a nature conservation area, an area provisionally set aside as a nature conservation area, or a national park

1.  mines or extracts mineral resources or other soil components;

2.  makes excavations or creates mounds;

3.  creates, alters or removes bodies of water;

4.  drains moors, swamps, marshes or other wetlands;

5.  clears woodland;

6.  kills, catches, hunts, or in whole or in part destroys or removes the eggs of, animals of an especially protected species within the meaning of the Federal Nature Conservation Act;

7.  damages or removes plants of a specially protected species within the meaning of the Federal Nature Conservation Act; or

8.  erects a building,

and thereby interferes not merely insubstantially with the respective protected interest shall be liable to imprisonment not exceeding five years or a fine.

(4) Whosoever in violation of duties under administrative law causes substantial damage, in a Natura 2000 Area

1.  to the habitat of a species listed under Annex I to the Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, 7) or in Annex II of the Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, 7, last amended by Council Directive 2006/105/EC of 20 November 2006 (OJ L 363, 20.12.2006, 368),

2.  to a type of natural habitat listed in Annex I of the Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, 7, last amended by Council Directive 2006/105/EC of 20 November 2006 (OJ L 363, 20.12.2006, 368),

which is of relevance to the conservation aims or the protective aim of such an area, shall be liable to imprisonment not exceeding five years or a fine.

(5) If the offender acts negligently the penalty

1.  in cases under subsections (1) and (2) above shall be imprisonment not exceeding two years or a fine;

2.  in cases under subsection (3) above shall be imprisonment not exceeding three years or a fine.

(6) If in the cases of subsection (4) above the offender acts with gross negligence, the penalty shall be imprisonment not exceeding three years or a fine.