Reporting and compensation for damage caused by game
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In the event of damage caused by game to agricultural and wine-growing crops, to the forest, on undeveloped or rented land, the hunting leaseholder as well as the objector are presumed to be responsible, in proportion to the surface area of the hunting grounds and of the withdrawn land (land excluded from the hunting grounds) which make up the lot.
The compensation due includes the loss of crop, as well as the costs for restoring the land.
The hunting leaseholder may, however, claim compensation to cover part of the costs for the restoration of damage caused by deer and wild boar during a hunting year.
Who is concerned
Declaration of damage caused by game
The declaration of damage (see the 'Wildschadensanzeige' form under 'Online services and forms') concerns:
- farm and forestry operators or winegrowers (hereinafter 'farmers') who have suffered damage to hunting grounds caused by game;
- hunting syndicates, with a view to an amicable settlement between the farmer who suffered the damage and the hunting leaseholder.
Game damage report
The game damage report (see 'Demande d’indemnisation des dégâts causés par le gibier' under 'Online services and forms') concerns:
- farm and forestry operators or winegrowers (hereinafter 'farmers') who have suffered damage to hunting grounds caused by game;
- hunting syndicates, with a view to an amicable settlement between the farmer who suffered the damage and the hunting leaseholder.
- the hunting leaseholder;
- the representative of the State.
Application for reimbursement
The application for the reimbursement of sums advanced for damage caused by game (deer and wild boar) (see 'Online services and forms') is aimed at hunting leaseholders.
Prerequisites
Any person who, on leased hunting grounds, has suffered damage caused by game, must declare this damage as soon as possible to the college of trustees.
Preliminary steps
The declaration of damage must be made in writing or orally and must be addressed to the secretary-treasurer of the college of trustees (see 'Wildschadensanzeige' under 'Online services and forms').
The declaration must specify:
- the nature of the damage; and
- an estimate of the area damaged; and
- a damage assessment.
The secretary-treasurer will then inform the hunting leaseholder and, if applicable, the objector, of the damage report.
A site visit must be organised within 15 days of the damage being reported, in the presence of the college of trustees, the declarant, the hunting leaseholder and, if applicable, the objector. The State representative is convened each time the special fund is called upon.
Individuals summoned may attend in person or be represented by a proxy, with the exception of the college of trustees.
During the site visit, the college of trustees must provide an estimate of the damage using the form 'Demande d'indemnisation des dommages causés par le gibier' (see 'Online services and forms') and specify:
- the nature of the damage; and
- the area damaged; and
- the quantities estimated to be destroyed; and
- the unit prices to be applied; and
- the huntable game species that caused the damage.
The parties are invited to reach an amicable settlement within one month of the site visit.
If no amicable settlement can be reached within one month of the visit, the secretary-treasurer shall forward the damage report and the estimate of the damage to the justice of the peace of the place where the damage occurred.
Based on the estimate made by the college of trustees, the justice of the peace will issue a conditional payment order. An appeal against this order may be lodged within 15 days in the form of a challenge.
Deadlines
Reimbursement from the special compensation fund for damage caused by game can be claimed at the end of a hunting year.
The hunting year begins on 1 April and ends on 31 March of the following year.
The right to reimbursement of funds advanced by the hunting leaseholder expires after 5 years from 31 March of the hunting year to which the amount to be repaid relates.
How to proceed
Filing an application for reimbursement
In case a deer or wild boar causes damage to the hunting grounds, the leaseholder must cover 9/10ths of the damage and 1/10th is borne by the hunting syndicate whose grounds were damaged. In the event of insufficient funds in the syndicate fund, the balance must be covered by the hunting leaseholder.
The fully completed and signed form (see 'Online services and forms'), together with the requested annexes, must be sent by post to the 'Administration de la nature et des forêts' at the following address: 81, avenue de la Gare, L-9233 Diekirch.
Amount of the reimbursement
The maximum amount that can be reimbursed is set by Grand Ducal regulation.
This amount has been set at EUR 4 per hectare per hunting lot and per hunting year, starting with the 2021/2022 hunting year.
The reimbursement is covered by a special compensation fund for damage caused by game, which is financed annually by fees paid for hunting permits.
No compensation is granted:
- if fruit or crops have been left on the land after harvesting for the sole purpose of obtaining compensation, i.e. to attract game and cause damage;
- if it turns out that the damage could have been avoided if adequate precautions had been taken by the owner, holder, farmer or operator of the hunting ground;
- for damage caused by game to orchards, nurseries or even isolated trees, and more generally to all other special crops, with the exception of vineyards, when the owner, holder, farmer or operator has neglected to take the precautions which, in ordinary circumstances, would have sufficed to avert the damage;
- for damage caused to forests whose situation does not comply with the provisions of Article 16 of the amended Law of 19 January 2004 on the protection of nature and natural resources.
The compensation may be reduced by half if it is established that the damage was caused by the fact that the fruit or crops were abandoned by the gross negligence of the owner of the hunting lot.
Supporting documents
Hunting leaseholders must attach the following documents to their application:
- the original agreement concerning compensation for damage caused by deer or wild boar, signed by the various parties present at the site visit; and
- proof of payment of the costs incurred for game damage, which may be:
- a copy of the bank transfer; or
- a certified receipt in case of cash payment.
Road-building permit
In accordance with the law of 21 December 2009 on road-building permits, a road-building permit must be requested for any signposting planned along a state road in the context of a driven hunt.
Online services and forms
Who to contact
-
Nature and Forest Agency (ANF) Nature department
- Address:
- 81, avenue de la Gare L-9233 Diekirch Luxembourg
- Phone:
- (+352) 247 56 652
- Fax:
- (+352) 247 56 651
- Email address:
- nature@anf.etat.lu
Related procedures and links
Procedures
Links
Legal references
-
Loi modifiée du 25 mai 2011
relative à la chasse
-
Loi modifiée du 21 décembre 2009
sur les permissions de voirie
-
Règlement grand-ducal du 22 février 2021
modifiant le règlement grand-ducal du 24 mars 2017 fixant les montants du droit d’enregistrement et du droit supplémentaire des permis de chasser, la quote-part annuelle à rembourser par le fonds spécial d’indemnisation des dégâts causés par le gibier, ainsi que les modalités et la procédure de fonctionnement de celle-ci.
