Energy Infrastructure Bill As Well As The Environmental Compatibility Verification Act 2000 Amendment And Repeal Of The Federal Law On The Time Limit And The Procedure In The Cases Of Article 12 Paragraph 3 Of The B...

Original Language Title: Energie-Infrastrukturgesetz sowie Änderung des Umweltverträglichkeitsprüfungsgesetzes 2000 und Aufhebung des Bundesgesetzes über die Frist und das Verfahren in den Fällen des Art. 12 Abs. 3 des B...

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4. Federal law which enacted the Energy Infrastructure Act, amended the Environmental Impact Assessment Act 2000, and repealed the Federal Act on the deadline and the procedure in the cases of Article 12 (3) of the B-VG.

The National Council has decided:

Table of Contents

Article 1:

Energy Infrastructure Law

Article 2:

Amendment of the Environmental Impact Assessment Act 2000

Article 3:

Repeal of the Federal Act on the deadline and the procedure in the cases referred to in Article 12 (3) of the B-VG

Article 1

Federal law implementing Regulation (EU) No 347/2013 on guidelines for European infrastructure (Energy Infrastructure Act-E-Infrastructure G)

Table of Contents

1. Part

General provisions

1.

Reference to Union law

§ 2.

Scope

3.

The objectives of the law

§ 4.

Definitions

5.

demarcation of other legislation

§ 6.

Energy competent infrastructure authority

7.

Tasks of the Energy Infrastructure Authority and Process coordination

§ 8.

PCI selection process transparency

9.

Cross-border impact of a project

2. Part

§ 10.

Pre-application section

§ 11.

Formed Approval Section

12.

Process coordination by the Energy Infrastructure Authority

§ 13.

Experts, procedural costs

14.

Securing the expansion of line assets

3. Part

and Final Provisions

§ 15.

Administrative punchrules

§ 16.

Transitional provisions

§ 17.

Entry into force

§ 18.

Full Education

1. Part

General provisions

Reference to Union law

§ 1. accompanying provisions of Regulation (EU) No 347/2013 on guidelines for trans-European energy infrastructure and for the annulment of the decision shall be provided by this Federal Act. N ° 1364 /2006/EC and amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009, OJ L 145, 31.5.2009, p. No.  OJ L 115, 25.4.2013, p. 39, (TEN-E-VO).

Scope

§ 2. (1) This federal law is subject to the projects relating to the federal territory, which are projects of common interest (PCI) in accordance with Art. 2 Z 4 of the TEN-E-VO.

(2) § 1 to § 8 and § 14 to § 18 are to be applied to all projects of common interest (PCI).

(3) § 9 to § 13 are not to be applied to PCI, which is the UVP obligation under the Environmental Impact Assessment Act 2000 (UVP-G 2000), BGBl. No 697/1993, as amended.

Act objectives

§ 3. The aim of this federal law is to issue accompanying regulations on the TEN-E-VO, which means:

1.

The energy infrastructure in the European Union to be upgraded to technically prevent the use of natural or man-made disasters caused by natural or man-made disasters;

2.

To facilitate and speed up infrastructure projects that are the energy networks of the Connecting the European Union to third country networks;

.

The European power grid under the changing conditions, which are due to the greater extent -to remain stable energy from variable renewable energy sources, to remain stable;

4.

to strengthen Austria's innovation and technology location;

5.

more rapid modernization of existing and faster realization of new Energy infrastructure will be crucial to achieving the objectives of the European Union's energy and climate policy, in particular:

a)

the completion of the internal energy market,

)

ensuring security of supply,

)

The reduction of greenhouse gas emissions,

)

increasing the share of renewables in final energy consumption and

e)

improving energy efficiency,

to the realization of a cost-optimized, sustainable and secure energy supply. To this end, the approval procedure for projects of common interest (Section 4 (1) (4)) and the public participation will be more closely regulated.

Definitions

§ 4. (1) For the purposes of this federal law, the expression

1.

"Energy Infrastructure Authority": the federal authority that is responsible for the TEN-T Regulation in accordance with Article 8 of the TEN-E Regulation To facilitate and coordinate the authorisation procedure for projects of common interest (§ 6);

2.

"Regulatory Authority": which according to the Energy Control Act, BGBl.  I No 110/2010, established Energy Control Austria;

3.

"Project": one or more lines, piping, equipment, equipment, or equipment, covered by the infrastructure categories (Annex II of the TEN-E Regulation);

4.

"Projects of common interest", "PCI": a project for the implementation of the I the TEN-E Regulation requires priority energy infrastructure corridors and areas, and is part of the Union list of projects of common interest referred to in Article 3 of the TEN-E Regulation;

5.

"Pre-carrier":

a)

a transmission or Transmission system operator or distribution system operator, or any other operator or investor who develops a project of common interest or

)

in the case of multiple transfer or the transmission system operators, distribution system operators, other operators, investors or a group of such actors, the entity with legal personality designated by a contractual agreement between them and empowered to: to enter into legal obligations on behalf of the parties to the contractual agreement and to assume financial liability for them;

6.

"Approval Authorities": according to the materials laws for approval of a project competent authorities;

7.

"UVP Authority": the project under UVP-G 2000 for approval of an EIA-subject competent authority;

8.

"Schedule": the one approved by the competent approval authorities together with the energy infrastructure authority, a schedule for the approval process to be determined;

9.

"Regional Groups": the regional groups within the meaning of Art. 3 TEN-E-VO.

(2) The names used in this federal law are to be understood as gender-neutral.

Demarcation of other legislation

§ 5. Insofar as this federal law does not contain any regulations, the approval and the securing of projects, including the possibility of granting the right to grant a right of enforcement, shall apply to them. shall remain unchanged. The obligation to require plants and plant parts is also addressed in the same way as the handling of project changes according to the applicable material laws.

Responsible Energy Infrastructure Authority

§ 6. Competent national authority (Energy Infrastructure Authority) according to Art. 8 of the TENs-E-VO is the Federal Minister for Science, Research and Economy.

Tasks of the Energy Infrastructure Authority and Procedural Coordination

§ 7. (1) The tasks of the Energy Infrastructure Authority are:

1.

The perception of the energy infrastructure authority in the TEN-E Regulation of the Energy Infrastructure Authority, according to the government scheme of the Art. 8 (3) lit.  c TEN-E-VO obligations, in particular:

)

The performance of the PCI pre-application section that is not subject to the EIA requirement.

)

The coordination of approval procedures for PCI that are not subject to the EIA requirement

)

The coordination of the EIA procedures for PCI that are subject to the EIA duty and for their Approval of several EIA authorities;

2.

The reimbursement of reports to the European Commission and the regional groups;

3.

The representation of Austria in the regional groups;

(2) The exercise of the discretion conferred in the Energy Infrastructure Authority's TEN-E Regulation shall be carried out in compliance with the principles of simplicity, simplicity and cost savings.

Transparency of PCI selection process

§ 8. Projects which extend to the territory of Austria and which have been proposed to a regional group for the selection as projects of common interest shall be based on the Website of the Energy Infrastructure Authority, with the possibility of publishing a position on the proposed projects. The publication shall contain the information referred to in Annex III, Chapter 2, Z 1, to the TEN-E-VO, with the exception of commercially sensitive information. The relevant information shall be made available to the Energy Infrastructure Authority by the subcarrier in electronic, publishable form.

Cross-border impact of a project

§ 9. For projects that are not subject to the EIA obligation and which have significant transboundary effects within the meaning of Annex IV Z 1 TEN-E-VO, the Energy Infrastructure Authority shall: the State concerned as early as possible, at least in the preliminary section and, at the latest, when the public is informed, of the project, of the process of the authorisation procedure and of the nature of the possible decision to be taken. The State concerned shall be given the opportunity to deliver an opinion with a reasonable period of time, the deadline being such that it is also possible for the State to make the application documents available to the public and give it an opportunity to comment.

2. Part

Method

Advance Section

§ 10. (1) For projects of common interest which are not subject to the EIA duty, the subcarrier has, with the Energy Infrastructure Authority, the implementation of the pre-order section after Article 10 TEN-E-VO to be applied for.

(2) This application shall be included in particular:

1.

a report on the basic features and technical design of the project;

2.

for line assets, an overview plan with the tentatively touched route and the obvious Public-interest assets;

.

an overview of the most important other solution options audited by the project owner, and a justification for the choice of the provisionally intended route, or the location;

4.

a concept for public participation, including a report on at best Public hearings have already been held.

(3) The Energy Infrastructure Authority shall forward the application and the project documents to the other authorities likely to be responsible for the approval of the project, and shall give the opportunity to comment on this issue. , in particular, whether the documents submitted are ripe for the start of the pre-application period. At the latest three months after receipt of the application, the Energy Infrastructure Authority, the application or the justification shall confirm that there are obvious defects in the project or documents which do not allow the start of the preliminary section of the application. It shall take account of the opinions received. With the written confirmation of the application, the procedural deadlines will begin to run. If two or more Member States are affected, this legal sequence shall enter into force with the last confirmation in a Member State.

(4) Within the framework of the preliminary section, the parties concerned are referred to in Annex VI Z 3 lit.  a TEN-E-VO.

(5) The Energy Infrastructure Authority has a public discussion in accordance with Section 44c (1) and (2) of the General Administrative Procedure Act 1991-AVG, BGBl. No 51/1991, as amended, with the assistance of all the authorities, the legal parties and the authorities to be involved in the administrative provisions to be applied in the authorisation procedures, in each of the federal states in contact with the project , In doing so, the head of the project has to explain the main features of the project and the main other possible solutions which have been examined and to justify the choice of the proposed project. The Energy Infrastructure Authority shall publish the documents referred to in paragraph 2 at the latest three weeks prior to the public discussion on the Internet. In the public debate, everyone is entitled to ask questions to the head of the project, the energy infrastructure authority and the other competent authorities, and to deliver opinions on the project. The Energy Infrastructure Authority shall include a record on the public debate and publish it on its Internet site. Furthermore, the congregations in contact with the project shall be sent a copy of the minutes.

(6) After the public debate has been carried out, the Energy Infrastructure Authority shall have the power of ehestpossibility, but at the latest within six months from the request referred to in paragraph 1, taking into account the opinions of the competent authorities. authorities and, if need be, third parties to the documents referred to in paragraphs 1 and 2 of this Article. In particular, obvious defects in the project are to be identified and, in addition, the necessary information should be given in the permit applications. Any permits required by law are not pre-taken by this communication. At the same time, the Energy Infrastructure Authority shall inform the project holder of the documents to be annexed to the applications for authorisation and shall forward an expiry date agreed with the other authorities responsible for the approval of the project. Schedule for approval procedures.

(7) Not later than nine months after the notification referred to in paragraph 6, the subcarrier shall have the material authorisations, authorisations and non-subsatiings for the establishment and operation of the project, subject to the submission of the to apply to the Energy Infrastructure Authority. Where there are reasons not to be influenced by the subcarrier, the Energy Infrastructure Authority may grant an application for extension to an application by the subcarrier. As far as the Energy Infrastructure Authority is not itself the approval authority, the applications will then be forwarded to the respective approval authorities without unnecessary delay from the Energy Infrastructure Authority. In this context, the authorisation authorities shall be given the opportunity to submit their comments within a reasonable period of time as to whether the project in question is to be applied from the point of view of the relevant approval authority. Authorisation rules are ready for the start of the formal approval period and the information to be provided by the carrier is still missing. Within three months after receipt of the full applications, the Energy Infrastructure Authority shall either confirm or reject them, taking into account the opinions of the approval authorities.

Formal Approval Section

§ 11. (1) The Energy Infrastructure Authority-to the extent that the Energy Infrastructure Authority is not itself a licensing authority-coordinates the project to be carried out for the approval of the project. Procedure.

(2) All the authorities concerned shall prioritise the approval applications for PCI as far as possible and ensure the efficient implementation of the procedures. All authorities have to make the decisions on the applications pursuant to § 10 paragraph 7 without unnecessary delay, at the latest within the decision-making period according to § 73 AVG from the confirmation of the applications pursuant to § 10 paragraph 7.

(3) The authorities concerned may declare the decision-making procedure for the decision-making process closed. This declaration means that no new facts and evidence can be brought forward. Section 45 (3) of the AVG shall remain unaffected.

(4) The Energy Infrastructure Authority may, at the request of the latter, be the subject of the request by the transmission of information provided by the Energy Infrastructure Authority and that of the subcarrier for the preparation of the Submissions required, support. The protection of business and business secrets must be taken into consideration. In the case of free provision, the information may only be used for the realization of the project. The topics and questions that are likely to be essential for the approval procedures can be announced in the framework of this investor service for the preparation of the project by the Energy Infrastructure Authority.

Process coordination by the Energy Infrastructure Authority

§ 12. (1) For coordination, the Energy Infrastructure Authority can use the following instruments:

1.

Support for other approval authorities in the procedures to be performed by them;

2.

Coordination with the other approval authorities to coordinate the efficient Process handling;

.

Creating tuned schedules for the streamline process flow for the Preliminary section and the approval procedures (Section 4 (1) (8)), together with the authorities involved, with a maximum of two years for the preliminary section of the project and for the approval procedure up to a maximum of one year and six months for the decision ;

(2) The stock carrier has to inform the Energy Infrastructure Authority of delays in the preparation of the submissions.

(3) If, according to the administrative provisions for a PCI, different authorisations, authorisations or modest findings are required, the project documents drawn up for this purpose shall, if possible, be jointly in the case of the local authorities in contact with the local authorities, and to publish them on the website of the Energy Infrastructure Authority in accordance with the technical possibilities. In any case, in addition to the documents provided for in Annex VI, Z 6 TEN-E-VO, a report on the technical design of the project is to be published; in the case of line installations, a general plan with the planned route, possible alternatives and the clearly in contact with public interests, as well as a justification for the choice of the provisionally intended route, or of the location. The relevant documents shall be made available to the Energy Infrastructure Authority by the subcarrier in electronic, publishable form.

(4) If, according to the administrative provisions for a PCI, various authorisations, authorisations or modest findings are required, the procedures shall be coordinated as far as possible and shall be subject to the following conditions: Energy infrastructure authority. Separate negotiators shall be permitted if they are in the interests of expediency, convenience, simplicity and cost savings.

Experts, procedural costs

§ 13. (1) In so far as the Energy Infrastructure Authority has to use experts to carry out its tasks, the recovery of non-official experts is also without the existence of the conditions of § 52 (2) and (3) of the AVG are permissible. It is also possible to appoint specialist institutions, institutes or companies as experts.

(2) The costs incurred by the Authority in carrying out the procedures under this Federal Act, such as fees or fees for experts or mediators, shall be borne by the subcarrier. The Authority may be informed of the direct payment of such costs by the Authority after verification of the factual and computational correctness by the Authority.

Securing the expansion of line assets

§ 14. (1) In order to maintain the exemption for the construction of PCI, which are electrical wiring systems and extend to two or more federal states, the necessary base areas as well as the The energy infrastructure authority may, after consulting the country concerned, for the area shown in a map, which shall be required for a subsequent management of the electrical power supply, may be secured by the energy infrastructure authority in accordance with the safety requirements of the management systems. Line installation (Trassenplanning area), by Regulation determine that, for a period of five years, new, on, up, conversion and installation facilities and installations in a given limited area shall not be established without the consent of the Energy Infrastructure Authority or that the installation of such equipment shall be certain conditions to be met by the Energy Infrastructure Authority in order to ensure the production of the management system.

(2) A Regulation referred to in paragraph 1 may only be adopted if:

1.

The preliminary application section has been requested in accordance with § 10 or § 31 UVP-G 2000 and the public Discussion was performed;

2.

It is to be feared that structural changes in this area will result in the planned construction of the Electrical line installation is significantly impeded or significantly more expensive;

.

the project advertiser the required planning documents, including an estimate of the The impact of the implementation of the management of the pipeline on the public interests to be taken into account in accordance with the heavy-flow path to be taken into consideration.

(3) The five-year period may be extended by five years if the formal approval period has been applied for. A Regulation as referred to in paragraph 1 shall be repealed before expiry of its period of validity as soon as the reason for its omission has been omitted.

(4) Prior to the adoption of the Regulation, the documents referred to in paragraph 2 Z 3 shall be placed for six weeks in the congregations in contact with the public authorities. The time and place of the edition are to be made known by the attack on the official board of the congregation. Within the period of application, written statements can be made to the Energy Infrastructure Authority by the owners of the area affected by the Leitungstrasse as well as by the relevant federal states and municipalities. It shall consider the opinions delivered appropriately.

(5) The Regulation referred to in paragraph 1 shall also be available in the municipalities concerned in a local manner.

(6) No compensation shall be paid for the disadvantages caused by the restrictions referred to in paragraph 1 above.

(7) Projects which have been approved in accordance with paragraph 1 for more than two years before the entry into force of a Regulation but which have not yet begun to be implemented shall be allowed during the period of validity of the Regulation pursuant to paragraphs 1 and 3 shall be carried out only in accordance with the provisions of the Regulation referred to in paragraph 1.

(8) The consent of the Energy Infrastructure Authority is to be granted to new, to-, up, to, and installations and installations within the area planning area, if it is not to be feared that the intended structural changes in the planned pipeline construction would be considerably more difficult or much more expensive, or if these intended structural changes are necessary to protect the life and health of persons.

3. Part

Transitional and Final Provisions

Administrative Penalty Provisions

§ 15. If the action does not constitute a criminal offence within the jurisdiction of the Courts, or in accordance with other administrative provisions with a stricter penalty shall be subject to an administrative surrender and shall be punished with a fine of up to EUR 10 000, who, despite being requested by the Energy Infrastructure Authority or the regulatory authority, shall:

1.

contrary to Art. 5 (1) TEN-E-VO, does not create a plan of implementation or contrary to Art. 5 Paragraph 4 lit.  c TEN-E-VO not adapted;

2.

contrary to Art. 5 (4) TEN-E-VO, does not comply with its annual reporting obligations in time;

3.

contrary to Art. 5 paragraph 7 lit.  e TEN-E-VO does not provide the necessary information or does not provide the necessary information;

4.

contrary to Art. 9 (3) 2. TENs-E-VO, its information obligation

5.

as a subcarrier, contrary to Art. 9 (7) TEN-E-VO, does not set up a website, or updated.

Transitional provisions

§ 16. (1) The provisions of this Federal Act shall not apply to projects for which a subcarrier has submitted the application documents before 16 November 2013.

(2) The provisions of this Federal Act shall not apply to projects for which an authorisation procedure has been initiated under the direct application of Article 10 TEN-E-VO before the entry into force of this Federal Law.

Entry into force

§ 17. The provisions of this Federal Act shall enter into force with the day following the customer's notice.

Full Education

§ 18. Full-time education is responsible:

1.

with regard to § 5, to the extent that enforcement is assigned to the federal government, the competent authority Federal Minister;

2.

with regard to the other provisions of the Federal Minister of Science, Research and Economy.

Article 2

Amendment of the Environmental Impact Assessment Act 2000

The Federal Act on Environmental Impact Assessment (Environmental Impact Assessment Act 2000), BGBl. N ° 697/1993, as last amended by the Federal Law BGBl.  I n ° 14/2014, shall be amended as follows:

1. In Article 1 (2), the following new sentence shall be inserted before the point:

" and accompanying provisions of Regulation (EU) No 347/2013 on guidelines for trans-European energy infrastructure and repealing Decision No 1364 /2006/EC and amending Regulation (EC) No 1364 /2006/EC (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009, OJ L 145, 31.5.2009, p. No.  L115, 25.4.2013, p. 39, adopted "

1a. § 3 (7a) reads:

" (7a) If the Authority finds, in accordance with paragraph 7, that no environmental impact assessment is to be carried out for a project, an environmental organisation recognised in accordance with section 19 (7) or a neighbour/neighbour in accordance with § 19 1 Z 1 shall be entitled to lodge a complaint with the Federal Administrative Court. From the date of publication on the Internet, such an environmental organisation or neighbour/neighbour of such a neighbour shall be granted access to the administrative act. The registration area designated in accordance with section 19 (7) of the recognition decision shall be relevant for the notification of complaints of the environmental organisation. "

2. In accordance with § 3a, the following new § 3b is inserted:

" Experts, Costs

§ 3b. (1) The confiscation of non-official experts in proceedings under this Federal Act is permissible even without the existence of the conditions of § 52 para. 2 and 3 AVG. It is also possible to appoint specialist institutions, institutes or companies as experts.

(2) The costs incurred by the Authority in carrying out the procedures under this Federal Act, such as fees or fees for experts, shall be borne by the project advertiser/project shiver. The Authority shall be able to inform the project advertiser/the project shiver to pay directly these costs after examination of the factual and computational correctness by the Authority. "

3. In § 12, the second and third paragraphs are deleted. The previous paragraphs 4 to 8 get the labels "2" to "6".

4. § 12a Last sentence reads:

"§ 12 (6) is to be applied with the proviso that a summary assessment is drawn up in lieu of an environmental impact assessment."

4a. In Section 23a (2), Z 3 reads:

3.

Other type of expansion measures on federal roads, if a protected area of categories A, B, C, D or E of the Anhange 2 shall be affected and, on a case-by-case basis, it is to be expected that, taking into account the extent and sustainability of the environmental impact, the protected habitat (category B of the attachment 2) or the protection purpose for which it is intended to be the protected area (categories A, C, D and E of Annex 2) has been established, is significantly affected, except for

a)

The new construction of connecting points that touch a vulnerable category E area

)

The contact of protected areas exclusively through protective structures for the removal of Hazardous areas or due to disasters caused by disasters or by building bridges,

)

The construction of additional parking spaces with fewer than 750 spaces

)

The establishment of additional holdings according to § 27 of the Bundesstraßengesetz 1971 with a Land use of less than 5 ha,

e)

The addition of creep tracks and ramp relocations,

)

The installation of additional single ramps on existing nodes or connection points,

)

Road axis or leveling changes of less than 5 m,

h)

Systems for road operation and environmental protection measures and

i)

Other structural measures on existing federal roads, which compare to the inventory Traffic relations will not be extended. "

4b. Section 24 (5a) reads as follows:

" (5a) If the Authority finds, in accordance with paragraph 5, that no environmental impact assessment is to be carried out for a project, an environmental organisation recognised in accordance with section 19 (7) or a neighbour/neighbour in accordance with section 19 1 Z 1 shall be entitled to lodge a complaint with the Federal Administrative Court. From the date of publication on the Internet, such an environmental organisation or neighbour/neighbour of such a neighbour shall be granted access to the administrative act. The registration area designated in accordance with section 19 (7) of the recognition decision shall be relevant for the notification of complaints of the environmental organisation. "

5. Section 24c of the provisions of paragraph 2 and 3 shall be deleted. The previous paragraphs 4 to 8 get the labels "2" to "6".

6. § 24d last sentence reads:

"Section 24c (6) shall apply with the proviso that a summary assessment shall be drawn up in lieu of an environmental impact assessment."

7. Section 24f (8) shall not apply to the last sentence.

8. § 24h (7) reads:

"For the procedures referred to in paragraphs 2 and 5, § 23" shall apply.

9 According to § 29, a new 6 becomes. Section inserted and the previous 6. Section is named " 7. Section ".

" 6. Section

Special provisions for projects of common interest

Projects of common interest

§ 30. (1) The provisions of this section apply to projects subject to EIA, which are projects of common interest (PCI) under Art. 2 Z 4 of Regulation (EU) No 347/2013 (TEN-E-VO).

(2) Procedures relating to projects of common interest shall be dealt with by the Authority as a matter of priority, and it is necessary to ensure that they are carried out efficiently.

(3) The Energy Infrastructure Authority according to § 6 of the Federal Act on the Implementation of Regulation (EU) No. 347/2013 on the Guidelines for European Infrastructure (Energy Infrastructure Act-E-Infrastructure G), BGBl.  I n ° 4/2016, supports and coordinates the tasks of the Authority, as required by Chapter III of the TEN-T Regulation.

(4) Where several EIA authorities are responsible for a project of common interest, the Energy Infrastructure Authority shall support and coordinate the implementation of the procedures provided for in this Section. To this end, the Energy Infrastructure Authority has the following tasks and powers:

1.

Support for EIA authorities in the pre-application section and in the EIA process;

2.

Setting up a working group to coordinate efficient process processing;

3.

Coordinating the creation of coordinated schedules for the lecture section and the EIA procedure, with a maximum of two years for the pre-application period and for the EIA procedure up to a maximum of one year and six months for the decision at the latest;

4.

Control of schedule compliance;

5.

Collection of information and reports on the progress of the procedure, including File inspection.

Advance Section

§ 31. (1) Project advertiser of a project of common interest has to apply for a preliminary section of the project under Article 10 of the TEN-E Regulation. The application is a presentation of the main features of the project, a concept for the environmental impact statement, an overview of the main other solutions examined by the project advertiser/the project manager, with a justification of the project. Election of the proposed project and a concept for public participation, including a report on any information and public hearings which have already been made.

(2) The Authority shall have the documents referred to in paragraph 1 of the Energy Infrastructure Authority, the participating authorities, the Federal Minister for Agriculture, Forestry, the Environment and Water Management, and the Environmental attorney for opinion on whether the documents are ripe for the start of the preliminary section of the application. In the light of the comments received, the Authority shall inform the project advertiser/the project manager at the latest three months after the date of application whether the documents are ripe for the start of the pre-application period, or that the Authority shall state that: there are obvious defects in the project or documents which do not allow a start of the preliminary section of the project.

Participation in the preliminary application section

§ 32. (1) The Energy Infrastructure Authority is to be included in the lecture section and the participating authorities, the Federal Minister for Agriculture, Forestry and the Environment and water management, the environmental lawyer, the local municipality (s) and environmental organisations recognised in accordance with section 19 (7), the scope of which extends to the state of the site, must be consulted on the project and the documents submitted. and can deliver an opinion. The documents shall be available on the Authority's website.

(2) The Authority shall hold a public discussion in accordance with Section 44c (1) and (2) of the AVG in the place which appears to be most appropriate to the situation. The discussion shall be carried out with the assistance of the Energy Infrastructure Authority, the co-acting authorities and other legal parties and authorities to be involved in the administrative provisions to be applied in the EIA procedure. In the case of public discussion, the project advertiser/project will have to explain the main features of the project and the main other possible solutions to the project, with the justification of the choice of the proposed project. The public discussion shall be subject to the publication of a copy to be published on the Authority's website.

(3) If a project of common interest is likely to have significant environmental effects on another State, the State concerned, in accordance with § 10, shall be the subject of the project and the possible consequences of the project. -to inform the State concerned of the possibility of giving an opinion on transboundary effects already in the preliminary section of the lecture and on the public debate.

Schedule, Notice

§ 33. (1) The Authority shall, in cooperation with the project advertiser and the Energy Infrastructure Authority, draw up a timetable for the application of Article 7 (1), which shall be used for the Further steps of the preliminary application section and for the EIA procedure provide for a taut sequence. In this case, provision should be made for the longest period of one year and six months for the pre-entry section for the longest period of two years and for the approval procedure until the decision (§ 17). Delays in the preparation of the submissions shall be communicated by the project advertiser/project manager of the Authority and the Energy Infrastructure Authority, delays in the procedure shall be communicated by the Authority of the Energy Infrastructure Authority and shall be communicated to the

(2) Not later than six months after the application in accordance with § 31 (1), the Authority shall, in cooperation with the Energy Infrastructure Authority, the participating authorities, submit to the Federal Minister for Land and/or the Federal Republic of Germany, and Forestry, the environment and water management, taking into account the opinions received and the results of the public debate, the documents and the degree of detailiation of the information provided by the project advertiser/project manager for the initiation of the environmental impact assessment (§ 5) , and tells you which aspects need to be taken into account in the elaboration of the detailed project.

Participation of the Energy Infrastructure Authority

§ 34. (1) The Energy Infrastructure Authority shall be involved in the EIA procedure, such as a co-operating authority, and shall, in addition, be regularly informed of the progress of the procedure and any problems that may be encountered. of the implementation. The Energy Infrastructure Authority shall be notified of the decisions pursuant to § § 17 to 18b.

(2) The Energy Infrastructure Authority shall be involved in proceedings pursuant to § 10 concerning possible transboundary effects.

(3) The Authority shall provide the Energy Infrastructure Authority with the necessary information to fulfil the reporting obligations provided for in the TEN-E Regulation. "

10. In § 46, the following paragraphs (25) and (26) are added:

" (25) The provisions of the newly inserted 6. Section shall not apply to projects for which a EIA procedure in accordance with § 5 or a preliminary procedure pursuant to § 4 under the direct application of Article 10 of the TEN-E-VO before the entry into force of the Federal Law BGBl.  I No 4/2016 was initiated.

(26) § 3 (7a) i.d.F. BGBl.  I No 4/2016 shall also apply to those cases in which the communication was issued before the date of entry into force of this amendment and the period of appeal has not yet expired. In these cases, the notice of appeal for the neighbouring/neighbours begins to run against the notice of determination with the date of entry into force of this amendment. For projects in which, on 15 April 2015, not all the authorisations or required compulsory rights required by the administrative provisions have been legally granted or in which on 15 April 2015, in the case of authorisations or compulsory rights, a In the case of annulment or annulment, a review in the case of the Administrative Court or a complaint to the Constitutional Court is due to the fact that, in accordance with the judgment of the Court of Justice of the European Union, the Court of Justice of the European Union 16 April 2015, C-570/13, as a binding effect of a binding effect of Notice of determination pursuant to § 3 (7) or § 24 (5) is assumed, § 42a with the proviso that up to the legal force of the replacement modest or replacement part, but not more than three years from the date of delivery of the approval or as The right to build and operate the project can be exercised in a non-explanatory decision to the project advertiser. "

11. Section 47 is added to the following paragraph 5:

" (5) For the enforcement of the tasks of the Energy Infrastructure Authority after the 6. The Federal Minister for Science, Research and the Economy is responsible for this section. "

Article 3

Repeal of the Federal Law of 12.3.1926, BGBl. 62, on the time-limit and the procedure in the cases referred to in Article 12 (3) of the B-VG

The Federal Act of 12 March 1926, BGBl. No. 62, on the deadline and the procedure in the cases referred to in Article 12 (3) of the B-VG, shall be repealed with the expiry of 31 December 2013.

Fischer

Faymann