Nearby to where I live there is an endangered toad. Legislation was passed requiring that a fee be paid by anyone building in the area, as a sort of insurance, if, at some time in the future it is found a toad habitat might have been impacted by the construction.
A friend was building a house and mentioned this requirement. I looked it up. The legislation never provided any funding for enforcement. The requirement had no teeth. I told him not to pay the ransom. He didn't. Over a decade later nothing has come of it.
Perhaps, this is a similar thing going on in Germany. Tesla knows there is no enforcement, nor, a punishment clause for non-compliance and from a legal standpoint it is actually a non-issue.
If it were important to the construction it will be dealt with smoothly, as everything usually is when a Gigafactory is built.
Giga Berlin Construction was partly stopped for that before the deadline was extended for the first time.