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...

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2016_I_4/BGBLA_2016_I_4.html

4. Federal law, allows the energy infrastructure law enacted, the environmental compatibility verification Act 2000 changed and repealed the Federal Act on the time limit and the procedure in the cases of article 12 paragraph 3 of the B-VG

The National Council has decided:

Table of contents



Article 1:





Energy infrastructure Bill







Article 2:





Change of the environmental compatibility verification Act 2000







Article 3:





Repeal of the Federal law on the time limit and the procedure in the cases of article 12 paragraph 3 of the B-VG





Article 1

Federal law on the implementation of the Regulation (EU) No. 347/2013 on guidelines for the European infrastructure (energy infrastructure Bill E-InfrastrukturG)

Table of contents


1 part general provisions § 1 referring to Union law § 2. scope § 3. objectives of the Act § 4. definitions § 5. accrual of other legislation § 6 energy infrastructure authority § 7 energy infrastructure authority and procedural coordination tasks § 8 transparency of the PCI selection process § 9 cross-border impact of project 2. part procedure § 10 before application section § 11 formal approval section § 12 procedures coordination of the energy infrastructure authority § 13 experts, the costs of proceedings § 14 backup of the expansion of transmission facilities 3. part of transitional and final provisions § 15 administrative penal provisions § 16 transitional provisions § 17 entry into force § 1st 18 enforcement part

General terms and conditions

Reference to European Union law

§ 1. By this federal law, accompanying regulations are no 1364/2006/EC to Regulation (EU) No. 347/2013 on guidelines for trans-European energy infrastructure and to the annulment of the decision and amending regulations (EC) No. 713/2009, (EC) no 714/2009 and (EC) No. 715/2009, OJ No L 115 of the 25.4.2013 adopted S. 39, (TEN-E-VO).

Scope of application

2. (1) relating to the Federal territory projects, which are projects of common interest (PCI) after article 2 No. 4 of the TEN-E VO are subject to this Federal Act.

(2) § 1-§ are 8 and section 14 to section 18 on all projects of common interest (PCI) to apply.

(3) § 9 to § 13 are PCI not to apply, which are subject to an EIA-obligation under the environmental compatibility verification Act 2000 (EIA G 2000), Federal Law Gazette No. 697/1993, in the applicable version.

Objectives of the Act

§ 3. This federal law is the issuing of accompanying regulations to the TEN-E VO, which



1. the energy infrastructure in the European Union will be upgraded to prevent technical failures or outages caused by natural or man-made disasters;

2. infrastructure projects should be facilitates and accelerates that connect the energy networks of the European Union to third-country networks;

3. the European power network under the changing conditions caused by the stronger volume of injected energy of variable renewable energy sources which should remain stable.

4. innovation and technology Austria to be strengthened

5 about a faster modernization existing and a faster implementation of new energy infrastructures ensuring decisively, that the energy and climate policy of the European Union objectives, in particular: a) the completion of the internal energy market, b) ensuring security of supply, c) the reduction of greenhouse gas emissions, d) the increase in the share of renewable energy in final energy consumption and e) improving energy efficiency, thus a contribution towards a cost-optimized , sustainable and secure energy supply is done. The approval process for projects of common interest are (§ 4 para. 1 No. 4) and public participation closer to regulated.

Definitions

The term may refer to § 4 (1) within the meaning of this federal law



1. "energy infrastructure authority": those federal authority which is responsible pursuant to article 8 of the TEN-E VO for the facilitation and coordination of the permitting procedure for projects of common interest (article 6);

2. "Regulatory authority": in accordance with the Energy Control Act, Federal Law Gazette I no. 110/2010, energy control furnished, Austria;

3. "projects": one or more lines, pipelines, facilities, equipment or facilities, which fall under the categories of infrastructure (annex II of the TEN-E-VO);

4. "" PCI"projects of common interest",: a project, for the realization of the priority energy infrastructure corridors listed in Appendix I of the TEN-E VO and areas required and the component which referred to Union list of projects of common interest is in article 3 TEN-E-VO;

5. "project carriers": a) a transmission or transmission system or distribution system operator or other operators or investor who developed a project of common interest or b) in the case of multiple transmission or transmission system operators, distribution system operators, other operators, the institution with legal personality, that was named by a contractual agreement between you and authorized is investors or a group of these players, to enter into legal commitments on behalf of the parties to the contractual agreement and for them to take over the financial liability;

6 "Authorities": the authorities according to the laws of matter for the approval of a project;

7 'EIA authority': the competent according to the EIA-G 2000 for the approval of a project subject to EIA;

8 "Schedule": the schedule to be determined by the competent authorities together with the energy infrastructure authority for the approval procedure;

9 "Regional groups": the regional groups within the meaning of article 3 TEN-E VO.

(2) the terms used in this law are gender-neutral.

Distinction from other legislation

§ 5. As far as this federal law contains no provisions, the regulations relating to them continue to apply for the approval and backing up projects including the possibility of the granting of a compulsory licence unchanged. The permit requirements of plants and plant parts is aimed as well as dealing with project changes according to the applicable laws of matter.

Energy infrastructure authority

§ 6-competent national authority (energy infrastructure authority) in accordance with article 8 of the TEN-E VO is the Federal Minister for science, research and economy.

Energy infrastructure authority and procedural coordination tasks

The tasks of the energy infrastructure authority are § 7 (1):



1. the perception of in the TEN-E VO of the energy infrastructure authority after the authority scheme of article 8 para 3 lit. transferred c TEN-E-VO duties, in particular: a) the implementation of prior request from cut for PCI, not an EIA-obligation that subject b) the coordination of approval procedures for PCI, which is not subject to EIA, c) the coordination of EIA procedures for PCI, which are subject to an EIA-obligation and for their permission, several EIA authorities are responsible;

2. the reimbursement of reports to the European Commission and the regional groups;

3. Austria's representation in the regional groups;

              (2) the exercise of discretion conferred in the TEN-E VO of the energy infrastructure authority has in accordance with the principles of simplicity, to be rapid and cost savings.

Transparency of the PCI selection process

§ 8 project, which extends to the territory of Austria and proposed a regional group for the selection as projects of common interest are to publish on the Internet page of the energy infrastructure authority with the possibility, to comment on the proposed project. The publication has in annex III, to include chapter 2 Z 1 referred to the TEN-E VO information with the exception of commercially sensitive information. The corresponding information is to provide the energy infrastructure authority by the project proponents in the electronic, publication-ready form.

Cross-border effects of a project

§ 9. For projects that are not subject to the EIA- and Z have the significant cross-border effects within the meaning of annex IV 1 TEN-E VO, the energy infrastructure authority has the State concerned as early as possible, anyway, already in the application section and at the latest when the public is informed, to inform about the project, the approval procedure and the nature of the possible decision. The State is granting a reasonable grace period for giving the opportunity to comment, being this period to be such, that it also allows the State will, to make available the application documents for the public and to give her the opportunity to comment.

2 part

Procedure

Before application section

§ 10 (1) of the project proponents has for projects of common interest, which are not an EIA-obligation to apply for 10 TEN-E VO with the implementation of the prior request from cut energy infrastructure authority according to article.

(2) this request are to settle in particular:



1.

a report on the broad guidelines and the technical design of the project;

2. for systems a map with the tentatively touched route and the systems serving obviously touched, public interests;

3. an overview of the most important other possible solutions examined by the project proponents and a rationale for the choice of provisionally intended line road or the site;

4. a concept for the participation of the public, including a report on any already made hearings public.

(3) the energy infrastructure authority has to submit the application and the project documents additional authorities for the approval of the project is expected to and to give the opportunity to comment, in particular on the question of whether the submitted documents are ready for the start of the preliminary application from cut. No later than three months after receipt of the application confirms the energy infrastructure authority, the application or justified, that obvious defects of the project or the documents exist that do not allow a start of the prior request from cut. Here are the comments received into account. The procedural time-limits begin to run with the written confirmation of the request. Two or more Member States are affected, this legal consequence with the last confirmation in a Member State occurs.

(4) in the context of the prior request from cut the circles concerned within the meaning of annex VI No. 3 are lit. to listen to a TEN-E-VO.

(5) the energy infrastructure authority has a public discussion according to § 44 c para 1 and 2 of the General administrative procedures Act 1991 - AVG, BGBl. No. are 51/1991, as amended, to participate according to the administrative provisions to be applied in the approval procedure under assistance of all authorities, legal parties and authorities, to carry in any land affected by the project. Yet, the project proponents has to set out the broad lines of the project and the main other tested solutions and justify the choice of the proposed project. The energy infrastructure authority is to publish the documentation referred to in paragraph 2 no later than three weeks prior to the public discussion on the Internet. In the public discussion, anyone is entitled to put questions to the project proponents, the energy infrastructure authority and the other competent authorities and to submit comments to the project. The energy infrastructure authority has to record a transcript of the public debate and to publish them on its website. Furthermore, is to submit a copy of the transcript of the communities affected by the project.

(6) after conducting a public discussion, the energy infrastructure authority shall as soon as possible but at the latest within six months of the request referred to in paragraph 1, taking into account the opinions of the competent authorities and also third parties in respect of the project proponents to take position the documents referred to in paragraphs 1 and 2. This is to identify particularly obvious defects of the project and lead information expected to be additionally required in the permit applications. Matter legally required authorisations are not anticipated by this communication. At the same time, the energy infrastructure authority informs the project proponents, which documents should I enclose the permit applications and sent one with the other authorities responsible for approval of the project coordinated procedure and schedule for the approval procedure.

(7) no later than nine months after the notification referred to in paragraph 6 of the project proponents has the matter legal permits for the construction and operation of the undertaking upon presentation of the required documents with the energy infrastructure authority to apply for permits and not banned. Unless there are grounds which are not influenced by the project proponents, the energy infrastructure authority can grant a request of the project carrier extension. Requests are routed then - as far as the energy infrastructure authority is not even permitting authority - without undue delay of the energy infrastructure authority, the respective licensing authorities. In this context, the ability to give, to comment on whether the respective projects from the perspective of the to be applied by the relevant licensing authority licensing requirements is ripe for the start of the formal approval section accordingly within a reasonable period of time and what information to be presented by the project proponents are still missing is the approval authority. Three months after the receipt of complete applications, these of the energy infrastructure authority, taking into account the opinions of the authorities are either confirmed or rejected.

Formal approval section

§ 11 (1) - as far as the energy infrastructure authority is not even permitting authority - co-ordinated the energy infrastructure authority for the approval of the project leading procedures.

(2) all authorities concerned handle the permit applications for PCI possible priority and ensure an effective implementation of the procedures. All agencies have the decisions on the applications in accordance with § 10 paragraph 7 without undue delay, no later than the deadline decision in accordance with article 73 confirmation of applications in accordance with § 10 section 7 AVG.

(3) the authorities concerned can explain the investigation when decision ripe for closed. This statement causes that no new facts and evidence more can be made. § 45 para 3 AVG remains unaffected.

(4) the energy infrastructure authority can support the project proponents on its request by the transmission of information, possesses the energy infrastructure authority and the project proponents needed for the preparation of the final documents. Care is on the maintenance of operating and business secrets. In the case of the provision of free information may used only for the realization of the project. Likely to be essential for the approval process issues and questions can be announced within this investor service to the project preparation of the energy infrastructure authority.

Procedures coordination of the energy infrastructure authority

Section 12 (1) to coordinate can use the energy infrastructure authority of the following instruments:



1. the support of the other authorities in the proceedings carried out by them;

2. coordination with the other approval authorities to coordinate of the efficient implementation of procedures;

3. planning coordinated, seethe for a streamlined process flow time for the preliminary application section and the approval procedures (article 4, paragraph 1 Z 8), together with the authorities involved, and for the preliminary application section no later than two years and for the approval procedure until the decision provided are no longer than a year and six months;

(2) the project proponents must inform the energy infrastructure authority over delays in preparing the documents requested.

(3) If after the administrative provisions for a PCI, different permits, approvals and permit moderate findings are required, the project documents prepared for this are possible together at the contact with the local communities to set up and publish in accordance with the technical possibilities on the Internet page of the energy infrastructure authority. Anyway, to publish Z are in addition to the annex VI 6 TEN-E VO provided documents a report on the technical design of the project, management systems a map with the intended route, possible alternatives and serving the public interests obviously come into contact with plants, as well as a rationale for the choice of the provisionally intended line road or of the site. The relevant documents are available to the energy infrastructure authority by the project proponents in the electronic, publication-ready form.

(4) If after the administrative provisions for a PCI, different permits, approvals and permit moderate findings are required, are to coordinate the proceedings whenever possible and to coordinate with the energy infrastructure authority. A separate negotiation is permitted if it is located in the interest of expediency, quickness, simplicity and cost savings.

Experts, the costs of proceedings

13. (1) unless the energy infrastructure authority must invite experts to carry out their tasks, is the attendance of non-official experts without the existence of the prerequisites of § 52 para 2 and 3 AVG allowed. You can order also professionally relevant institutions, institutions or companies as an expert.

(2) cost, the authority for the carrying out of the procedures under this Federal Act adult, such as fees or honoraria for experts or mediators, are to be borne by the project proponents. The authority can apply the project proponents by ruling to pay these costs directly after examination of the factual and accounting accuracy by the authority.

Securing the expansion of transmission facilities


Section 14 (1) to the control systems which span for the establishment of PCI that are electrical transmission facilities and two or more federal States, necessary base areas, as well as the safety required protection areas of systems to secure the energy infrastructure authority may, after consultation with the country concerned for the area shown in a map that comes for a later leadership of electrical management system considering (Trassenplanungsgebiet) , determine by regulation, that for a period of five years new -,-, -, conversion and fixtures and equipment in a certain limited area without the consent of the energy infrastructure authority not may be built or that their establishment on certain, by the energy infrastructure authority is tied to conditions to ensure the production of the system.

(2) a regulation referred to in paragraph 1 may be taken only if



1 before application section in accordance with section 10 or pursuant to § 31 2000 requested EIA-G and public debate is conducted;

2. to fear is that the planned construction of the electrical system is considerably impeded or much more expensive due to structural changes in this area.

3. the project applicant who shall submit necessary documents including an assessment of the impact the achievement of management building on the public interests to be taken into account after the power right-of-way.

(3) the five-year period may be extended to five years, when the formal approval section has been requested. A regulation pursuant to paragraph 1 is to pick up before the end of their period of validity, as soon as the reason for their adoption has been removed.

(4) before issuing the regulation, the documentation referred to in paragraph 2 are no. 3 for six weeks in the affected communities to public inspection to lay on. Time and place of the Edition is to be published by stop on the official notice board of the municipality. Within the period, written comments with the energy infrastructure authority may be filed by the owners of the area affected by the line road, as well as by the affected provinces and municipalities. It has adequately delivered opinions to consider.

(5) the regulation referred to in paragraph 1 is to be published also in the concerned communities customary manner.

(6) that due to the restrictions referred to in paragraph 1 the affected inherent disadvantages no compensation is provided for.

(7) construction projects, the longer than two years prior to the entry into force of a regulation referred to in paragraph 1 have been granted legally, with their execution, but have not begun has been, may during the period of validity of the regulation in accordance with para 1 and 3 only in accordance with the provisions of the regulation referred to in paragraph 1 be executed.

(8) the consent of the energy infrastructure authority to proposed new -,-,-, and installations systems within the Trassenplanungsgebiets is granted, if is not to be feared, that the planned pipeline construction is considerably impeded or much more expensive by the proposed structural changes or if this proposed structural changes for the protection of life and health of persons are necessary.

3 part

Transitional and final provisions

Administrative penal provisions

§ 15 unless the Act not in the facts of a criminal offence falling within the jurisdiction of the courts forms or threatened after other administrative penal provisions more stringent punishment, commits an administrative offence and is to punish, who despite the request by the energy infrastructure authority, or the regulatory authority with fine up to 10 000 euro



1. contrary to article 5 paragraph 1, no implementation plan created TEN-E-VO or those contrary to article 5 paragraph 4 lit. c TEN-E-VO not adapted;

2. contrary to article 5 paragraph 4 TEN-E-VO its annual reporting obligations not in time fulfil;

3. contrary to article 5, para 7 lit. e TEN E VO provides no or not the required information;

4. contrary to article 9 para 3 2nd subparagraph TEN-E-VO information obligation does not fulfil;

5. as project contrary to article 9 paragraph 7 establishes no website to TEN-E-VO or updated.

Transitional provisions

16. (1) the provisions of this federal law do not apply to projects for which a project proponents has submitted the application documents prior to November 16, 2013.

(2) the provisions of this Federal Act are undertaking not to apply, for which an approval procedure under direct application of article was initiated 10 TEN-E VO before entry into force of this federal law.

Entry into force

§ 17. The provisions of this Federal Act enter into force on the day following the announcement.

Enforcement

§ 18. Are entrusted with the execution:



1. with regard to article 5, as far as execution the competent Federal Minister, comes to the Federal,

2. with regard to the other provisions of the Federal Minister for science, research and economy.

Article 2

Change of the environmental compatibility verification Act 2000

The Federal law on the assessment of the environmental impact (environmental compatibility verification Act 2000), BGBl. No. 697/1993, as last amended by Federal Law Gazette I no. 14/2014, is amended as follows:

1 in § 1 para 2, the following new part of the sentence before the point is inserted at the end:

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

1a. section 3 paragraph 7a is as follows:

"(7a) the authority in accordance with para 7 notes, carry out an environmental impact assessment for a project is, is an environmental organization that is recognized in accordance with section 19, paragraph 7, or a neighbor / a neighbor in accordance with § 19 para 1 entitles Z 1 to raise complaints to the Federal Administrative Court. From the date of publication in the Internet, one is to provide insight into the administrative measure such environmental organization or a such neighbour / a such neighbour. The complaint legitimacy of the environmental organization the admission area designated in the recognition decision according to § 19 section 7 is determined."

2. According to § 3a, the following new paragraph 3b shall be inserted:

"Expert, cost

§ 3 b (1) is the attendance by non-official experts in proceedings under this Act without the existence of the prerequisites of § 52 para 2 and 3 AVG allowed. You can order also professionally relevant institutions, institutions or companies as an expert.

(2) the authority in the performance of procedures under this Federal Act charges, adult, how are fees or honoraria for the experts, by the project applicant / to be borne by the project holding. The authority can apply the project applicant / candidate of the project by ruling, after examination of the factual and accounting accuracy by the authority, to pay these costs."

3. in article 12 para 2 and 3 are eliminated. The previous paragraph 4 to 8 will receive the labels of "2" to "6".

4. the last sentence is § 12a:

"Section 12 para 6 is to apply, provided that where an environmental impact report creates a summary evaluation."

4A. in Article 23a, paragraph 2 Z is 3:



"3. expansion of other species on federal roads, if a legitimate area of categories A, B, C, D or E of annex 2 is affected and in some cases can be expected, that, taking into account the extent and sustainability of the environmental impact of protected Habitat (category B of annex 2) or the purpose of protection, for which the sensitive area (categories A, C, D and E of annex 2) has been set , significantly affected; a are excluded) the construction of interchanges, which affect a legitimate area of category E, b) touch of protection worthy areas exclusively through shelters to eliminate hazardous areas or through because of disasters or bridges neubauten conditional relocations of existing alignments, c) the construction of additional parking with less than 750 parking spaces, d) the establishment of additional establishments in accordance with section 27 of the Federal Highway Act in 1971 with a land use of less than 5 ha ", e) the addition of reconstructed and ramp linings, f) construction of additional single ramps in existing node or connection points, g) changes to the street axis or the Nivelette to less than 5 m, h) systems for road use and environmental protection measures and i) other structural measures on existing federal highways, which in comparison to the stock the transport relations does not expand."

para 5a is 4B. Article 24:


"(5a) the authority in accordance with paragraph 5 notes, carry out an environmental impact assessment for a project is, is an environmental organization that is recognized in accordance with section 19, paragraph 7, or a neighbor / a neighbor in accordance with § 19 para 1 entitles Z 1 to raise complaints to the Federal Administrative Court. From the date of publication in the Internet, one is to provide insight into the administrative measure such environmental organization or a such neighbour / a such neighbour. The complaint legitimacy of the environmental organization the admission area designated in the recognition decision according to § 19 section 7 is determined."

5. in section 24c, para 2 and 3 are eliminated. The previous paragraph 4 to 8 will receive the labels of "2" to "6".

6 the last sentence is section 24 d:

"§ 24c paragraph 6 shall apply with the proviso that where an environmental impact report a summary assessment is created."

7. in article 24f paragraph 8 deleted the last sentence.

8 paragraph 24 h paragraph 7:

"According to para 2 and 5, section 23 applies to the procedures".

9 according to § 29 a new 6 section is included and the previous 6 section is labeled "7 section".

"Article 6

Special provisions for projects of common interest

Projects of common interest

The provisions of this section apply subject to EIA projects that intend No. 347/2013 (TEN-E-VO) 2 Z 4 of the Regulation (EU) according to article of interest (PCI) are 30 (1).

(2) proceedings on projects of common interest are to handle priority by the authorities and it is to ensure an efficient implementation of concern.

(3) the energy infrastructure authority pursuant to § 6 of the Federal Act for the implementation of the Regulation (EU) No. 347/2013 on the guidelines for the European infrastructure (energy infrastructure Act E-InfrastrukturG), Federal Law Gazette I no. 4/2016, supports and coordinates the tasks of the authority in accordance with Chapter III of the TEN-E VO.

(4) several EIA authorities responsible for a project of common interest, supports and coordinates the energy infrastructure authority carrying out the procedures referred to in this section. To the energy infrastructure authority has the following functions and powers:



1. support of the EIA authorities in the application section and in the EIA procedure;

2. establishment of a working group to coordinate of the efficient implementation of procedures;

3. coordination of the creation of coordinated schedules for the prior request section and the EIA process, where for the preliminary application section no longer than two years and for the EIA procedure until the decision provided are no longer than a year and six months;

4. monitoring of compliance with the time schedule;

5. obtaining of information and reports on the progress of the procedure, including access to the file.

Before application section

Section 31 (1) of the project applicant / the project holding of a project of common interest has to apply for the implementation of a prior request from cut according to article 10 of the TEN-E VO. The application a statement of the principles of the project are a concept for the environmental impact statement, an overview of the most important others by the project applicant, / from the project candidate tested solutions with a justification of the choice of the proposed project and a concept for the participation of the public, including a report on any already carried out information and consultation of the public, to join.

(2) the authority in paragraph 1 has the mentioned documents of the energy infrastructure authority, the participating authorities, the Federal Minister / the Federal Minister for agriculture and forestry, environment and water management and the environmental lawyer to comment, whether the documents are ready for the start of the preliminary application section to submit. Taking into account the comments received the authority shall within three months after submission of the project applicant / candidate of the project, whether the documents are ready for the beginning of the prior request from cut or reasons that are obvious defects of the project or the documents, which do not allow a start of the prior request from cut.

Participation in the application section

Section 32 (1) in the application section is involve the energy infrastructure authority and recognised environmental organisations, whose permission area are located on the State of the site extends to the projects and the presented documents to listen to the participating authorities, the Federal Minister / the Federal Minister for agriculture and forestry, environment and water management, the environmental lawyer, the local communities and in accordance with § 19 para 7 and can an opinion be. The documents are to provide on the Web site of the authority.

(2) who has authority a public discussion to hold para 1 and 2 AVG in the place, which appears most appropriate according to § 44 c the situation after. The discussion is under assistance of the energy infrastructure authority, co-operating authorities and other legal parties and authorities, which are to participate in accordance with anzuwendenden in the EIA process management, to make. In the public discussion of the project applicant / candidate of the project has the outlines of the project and the other main of the him or her tested solutions with the justification of the choice of the proposed project to present. A transcript is to create through public debate, which is to publish on the Internet page of the authority.

(3) can have a project of common interest likely to be significant environmental effects on another State, is to inform about the project and the possible transboundary effects in the application section and the public discussion of the affected State in by way of analogous application of § 10, and is the State concerned the opportunity to comment.

Schedule, communication

33. (1) the Authority created a schedule that provides a streamlined process for the further steps of the prior request from cut and the EIA process in collaboration with the project applicant / candidate of the project and the energy infrastructure authority in by way of analogous application of § 7 para 1. This must be provided for the preliminary application section no longer than two years and a year longest for the approval process to the decision (paragraph 17) and six months. Delays in the creation of documents requested by the project applicant / the project holding of the authority and the energy infrastructure authority, delays in the proceedings are to be communicated by the authority of the energy infrastructure and to establish.

(2) within six months of the request in accordance with article 31, paragraph 1 the authority in collaboration with the energy infrastructure authority, the co-operating authorities, the Federal Minister and the Federal Minister for agriculture and forestry, environment and water management, taking into account the comments received and the results of the public discussion, sets the documentation and the degree of detail of the information which are likely to be needed by the project applicant / the project candidate for initiation of the environmental impact assessment (article 5) and tells , which aspects in the preparation of the detailed project are to be observed.

Participation of the energy infrastructure authority

34. (1) is the energy infrastructure authority to include in the EIA procedure as an authority acting with and in addition regularly to inform about the progress of the proceedings and any problems in the implementation. The decisions referred to in §§ 17 to 18 b shall be the energy infrastructure authority.

(2) in proceedings according to § 10 regarding possible transboundary impact, the energy infrastructure authority is to participate.

(3) the authority shall transmit the necessary information for the fulfilment of the reporting obligations laid down in the TEN-E VO of the energy infrastructure authority."

10. in article 46 paragraph 25 and paragraph 26 be added following:

"(25) which are provisions of the newly inserted 6 section does not apply to projects, for an EIA procedure in accordance with article 5 or a pre-litigation procedure in accordance with § 4 under direct application of article 10 of the TEN-E VO before entry into force of the Federal Act Federal Law Gazette I no. 4/2016 was initiated.


(26) § 3 paragraph 7a i.d.F. Federal Law Gazette I no. 4/2016 also applies to those cases where the notification prior to entry into force of this amendment was issued and has not been concluded the appeal period. In these cases, the appeal period for the neighbours/neighbors against the determination begins to run with the date of entry into force of this amendment. For projects, where on 15 April 2015 yet not all the regulations legally granted necessary approvals or required compulsory rights or where on April 15, 2015, licences or rights of forced a revision to the administrative court or an appeal at the Constitutional Court are pending, because in the event of the annulment or null and void for the reason that is one according to the judgment of the Court of Justice of the European Union of 16 April 2015 ", C-570/13, as Union law judged binding effect of assessment notices according to § 3 section 7 or section 24 para 5 is assumed, section 42a, with the proviso that up to the legal force of the replacement notice or replacement judgment, but no later than three years from the notification of the lifting the approval or explanatory as null and void decision on the project applicant / candidate of the project, the right to the establishment and operation of the project further can be exercised."

11 § 47 the following paragraph 5 is added:

"(5) for the execution of the tasks of the energy infrastructure authority after the 6th section of the Federal Minister / the Federal Ministry for science, research and industry is responsible."

Article 3

Repeal of the Federal law of the 12.3.1926, Federal Law Gazette No. 62, on the period and the procedure in the cases of article 12 paragraph 3 of the B-VG

The Federal law of the 12.3.1926, Federal Law Gazette No. 62, about the time limit and the procedure in the cases of article 12 para 3 of the B-VG is lifted at the end of 31 December 2013.

Fischer

Faymann