Recognition Of Water Order As Public Interest Presented In The Framework Of Tiroler Oberland

Original Language Title: Anerkennung der im Rahmenplan Tiroler Oberland dargestellten wasserwirtschaftlichen Ordnung als öffentliches Interesse

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274. Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the recognition of the water order presented in the Tyrolean Oberland framework programme as a public interest

On the basis of § 53 (3) WRG 1959, BGBl. No. 215, as last amended by the Federal Law BGBl. I No 54/2014 shall be assigned:

Section 1

General

Subject matter

§ 1. This Regulation establishes the framework for an ecologically sustainable use of hydropower as a future water order in the Tyrolean Oberland planning area (Chapter 4.1 of the framework plan). The Tyrolean Oberland encompasses the catchment areas of the Inn from the national border to Switzerland to Innsbruck, including the mouth of the Sill.

Goals of the best possible ecologically sustainable use of hydropower in the Tyrolean Oberland

§ 2. Objectives (chapters 3.4 and 3.5 of the framework plan) of the best possible ecologically sustainable use of hydropower in the Tyrolean Oberland are:

1.

The identification of water sections for the construction of possible sites or the possible expansion of existing locations in the Tyrolean Oberland to substantially increase the power generation from hydropower as well as to double the current available rated power from storage or pumped storage power.

2.

The preservation and achievement of independent inventories for the control species Ashes, Bachforelle and Koppe-through the appropriate abundance and age structure of these species-as good ecological potential in the Inn from the state border to Switzerland to the mouth of the Sill as well as the protection of very good or very sensitive stretches of water and the preservation of the existing good ecological condition or good ecological potential at other possible sites in the planning area.

Recognition of the water order represented in the Tyrolean Oberland frame plan as a public interest

§ 3. (1) The implementation of the water order presented in the framework plan of Tiroler Wasserkraft AG shall be in accordance with the provisions laid down in the third section of this Regulation and in the fourth section of this Regulation. to pursue recommendations as a public interest (§ 105 WRG 1959) in all water management measures. The Federal Minister for Agriculture, Forestry, Environment and Water Management acknowledges the one presented on 28 April 2014, the Zl. UW.4.1.2/0029-IV/1/2014, the outline plan for the scope and extent of the summary of its broad guidelines presented in the second section of this Regulation.

(2) The use of the hydroelectric power of the Malfonbach in the framework plan is not included in the recognition.

Section 2

Summary of planning priorities

Main contents of the future water management system in the Tyrolean Oberland

§ 4. (1) In the framework plan recognized in accordance with § 3, the use of the Inn is intended for the area of power generation from running water power for:

1.

a possible location between Martina and Prutz (Chapter 7.4.1 of the framework plan);

2.

a possible extension of the existing site between Prutz and Imst (Chapter 7.4.2 of the framework plan);

3.

a possible location between Imst and Haiming (Chapter 7.4.3 of the framework plan).

(2) In the framework plan recognised in accordance with § 3, the use of water from the rear Stubai Valley and from the middle Ötztal valley as well as the use of water from the rear Ötztal is provided for in the area of power generation from storage capacity. possible expansion of existing locations:

1.

Kühtai/Sellrain-Silz (Chapter 7.3.3 of the outline plan),

2.

Kaunertal (Chapter 7.3.2 of the framework plan).

Section 3

Provisions relating to future water management in the planning area

Very good and very sensitive stretches of water and a ban on deterioration

§ 5. (1) Subject to Section 11 (3), the use of hydropower in the planning area within the framework of the illustrated water order shall be in the public interest only if it does not lead to a deterioration of the respective state, The achievement of the ecological target state (§ 13 of the ordinance of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the definition of the ecological condition for surface water, quality target regulation Ecology Surface waters-QZV Ecology OG, BGBl. II No 99/2010 idgF).

(2) In addition, in the Appendix 1 , taking into account the possible sites in accordance with § 4, designated hydromorphologically very good or very sensitive lines of water within the framework of the order shown, only hydropower uses which are subject to the appropriate conditions and conditions; and Criteria for the very good hydromorphological state according to § 12 QZV Ecology OG are compatible, in the public interest. This also applies to other water abstraction, with the exception of spring water abstraction for the purpose of general drinking water supply. The maintenance of the free flow route in the Inn from Haiming to Innsbruck is also in the public interest.

Order

§ 6. In the case of a possible realization of the sites listed in § 4, it should be noted that in the detailed planning the order of implementation must be selected in such a way that the availability of the ecological target for the Inn is not even in the case of a partial implementation is permanently impaired. Therefore, the implementation of

1.

the sites referred to in § 4 (1) (2) and § 4 (2) (2) (2) shall not be extended until after or during the establishment of the site referred to in § 4 (1) (3) (3);

2.

the extension of the site referred to in § 4 (2) (2) (2) shall be coordinated with the extension of the site referred to in § 4 (1) (2) (2).

Planning and implementation steps for the other sites (§ 4 para. 1 Z 1, § 4 para. 2 Z 1) can be carried out independently of this time.

Flood protection

§ 7. (1) In addition to points 8.1.2.2 and 8.1.2.3 of the framework plan, the possible locations referred to in § 4 (2) shall apply:

1.

In storage, a flood retention chamber is to be kept free in order to reduce flood discharge spikes. The required size of the retention space is to be determined in the course of any single-use planning, whereby the retaining space in the most highly water-critical time periods of the year in sum, in any case, the extent of the in the case of flood over 48 hours the Storage of the respective location of water to be added to the respective site.

2.

A flood management concept is to be drawn up in the course of any planning or execution planning. In order to optimize the use of the storage systems, hydrological data are to be used for the determination of particularly high-water-critical time periods and to forecast high-water resources in a foresighted manner.

(2) In addition, the following shall apply in the course of a submissions planning for any new hydropower uses in the entire planning area, including the possible locations shown in § 4:

1.

If necessary, the concrete flood situation before and after project realization for the affected water lines must be compared.

2.

The development of landings in forest trees is to be estimated, to develop a corresponding management to limit the landing and to check and optimize according to natural measurements, ensuring that the flood discharge in the Storage rooms are guaranteed in the long term despite the temporary landings.

Solids budget

§ 8. (1) In addition to points 8.1.3.2, 8.1.3.3, 8.2.2.2 and 8.2.2.3 of the framework plan, the following shall apply in the course of any planning or implementation planning concerning the possible locations as shown in § 4:

1.

On the basis of expert surveys and hydraulic calculations, it is necessary to identify the measures which ensure a balanced transport of solids in the germs influenced by the use of hydroelectric power. Measures that do not take place directly on the weirs, stash trees and smaller water versions, are to be planned in coordination with the Federal Water Construction Administration or the Wildbach and Lawinenverbauung.

2.

A sediment management plan is to be drawn up for the affected waters, ensuring that the solid or closed-down budget is not significantly affected in the affected waterways.

3.

Provision should be made for a permanent monitoring programme for the documentation of the transport of goods during the operation of a planned use. In this context, it is also necessary to provide for a possible optimization of the sediment management plan on the basis of the results of the monitoring program.

(2) In addition, any new uses of hydropower in the entire planning area, including the possible locations as shown in § 4, shall be deemed to be so designed and operated in such a way as to ensure that the holding of the holding back to the table is not possible. Sediment can be returned to the removal lines regularly with a suitable larger water supply, so that it does not result in a deterioration in the good condition of the water sections concerned or a deterioration of the good condition ecological potentiality at the Inn can come.

Groundwater, sources and water supply

§ 9. (1) In addition to points 8.1.5.5, 8.1.5.6, 8.2.4.5 and 8.2.4.6 of the framework plan, the following shall apply at the latest in the course of any submissions planning concerning the possible locations shown in § 4:

1.

For the catchment areas listed below-taking into account the drinking water concepts of the province of Tyrol-the following minimum amounts of reserves for the future communal drinking and brewing water requirements are to be found, with the exception of snow-making water. Define: Inntal 500 l/s, Ötztal 100 l/s, Stubaital 20 l/s.

2.

In the context of preliminary exploration, the mining and groundwater bodies, springs and other water outlets, as well as expected mountain water access, are to be determined during the construction of buildings, in particular underground structures.

3.

The necessary sealing measures shall, where appropriate, be provided for the entry of mountain water to be expected.

4.

Prior to the start of construction, a comprehensive proof-of-evidence programme for the documentation of the qualitative and quantitative state of the mountain and groundwater bodies affected by construction measures, but above all, the To create sources and other water outlets. The date of the beginning of a proof-of-evidence programme shall be determined in such a way that natural fluctuations are recorded in such a way as to identify and quantify the changes that are caused by the above-given conditions.

In the event that there is an unforeseen quantitative or qualitative impairment of existing groundwater and source water uses by means of building measures, emergency measures for the areas affected by the planned projects shall be: to provide for existing water supply systems. Measures provided for in this way are merely to be presented in the context of the submissions.

(2) In addition, in the course of any single or execution planning as well as in the context of any authorisation or approval procedures for any new hydropower uses in the entire planning area, including those in § 4 Possible locations are:

1.

If necessary, after consultation with the planning services of the country, specific amounts of reservation are to be determined, in particular taking into account population growth and settlement development.

2.

Through project-based measures or by means of conditions, it shall be ensured that:

a)

In the determination of permitted discharge quantities for mountain water, significant negative effects of stollen structures on the bulk of the sources in the area of influence of the tunnels are prevented and discharge quantities are prevented by an accompanying plant the measurement programme shall be documented;

b)

no operating materials and environmentally relevant pollutants enter the ground water in the construction of stollen structures;

c)

In the area of public-interest storage spaces, undesirable increases in groundwater levels are kept as low as possible by means of technical measures, such as accompanying drains or trenches, underbody seals and the like.

Settlement water management

§ 10. For the use of hydropower in the entire planning area, including the possible locations shown in § 4, it is necessary to check in the event of a project of modified residual water management in the event of a flood, whether in the case of affected waterlaw Direct discharges subject to authorisation to comply with the regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the determination of the target status for surface water (quality target regulation for chemistry) Surface waters-QZV Chemie OG), BGBl. II No. 96/2006 idgF and the QZV Ecology OG is ensured. In the course of a possible submissions planning immission problems can be prevented by an improvement of the waste water purification systems.

Aquatic ecology

§ 11. (1) In addition to points 8.1.4, 8.2.3 and 10.1.3 of the framework plan, the requirements of the following paragraphs 2 to 5 shall apply with regard to the possible locations shown in § 4.

(2) At the latest in the course of any submissions planning, a water and fish ecological programme for the collection of the baseline condition shall be drawn up in the area concerned. Such a survey programme shall identify the surface water bodies affected by the project and their ecological conditions prior to the implementation of the project. On the basis of the initial state of the project, both the construction and the operation of power plants will be developed and the accompanying measurement and examination programmes will be drawn up and the submissions will be connected. The measurement and examination programmes as well as the proof-proof programmes have in particular the regular documentation of the ecological conditions in the affected sections of the waters, the monitoring of the effectiveness of the surge management as well as a recurrent monitoring of the functionality of fish boarding facilities.

(3) The result of an assessment of the interests to be carried out in accordance with Section 104a of the WRG 1959, which is to be carried out in a method of authorisation or approval, shall, in any event, be ensured by means of project-based measures or, where appropriate, by conditions, in any case that: Project-related deterioration of the ecological status of water in the possible locations shown in § 4 only occur in the following, unavoidable cases:

1.

by superstitions in the area of newly built storage and by rebuilding in the area of newly built water versions;

2.

on water sections in bodies of water which are in an ecologically very good condition, below newly built storage facilities and below water mountings for storage;

3.

In the upsetting areas on the Inn as well as in the internal section of the river above the area of the extended Staues Runserau due to the return of a possible location mentioned in § 4 paragraph 2 Z 2.

(4) In the period from mid-December to mid-April, new water declines in the possible locations from the waters referred to in Article 4 (2) shall not have to be carried out until the water has been carried out twice as an arithmetic mean of the annual minimum values of the effluent. on the basis of daily resources-during the period considered (MJNQ T ) a water inlet.

(5) In the area of Schwall and Sunk, it should be noted that

1.

the schwall and slack gradients in the implementation of the possible locations mentioned in § 4 are determined in such a way that the schwall and slack gradients after the implementation of all possible locations in the schwall/sunkpolluted water sections on the Inn is continuously reduced to < 15 cm/h and < 12 cm/h. During the determination of the permissible levels of surge and slack, sensitive periods of the year shall be taken into account for the development of the fish stock;

2.

the frequency of the gun/slack events in the Inn is significantly reduced compared to the actual state and, moreover, from the beginning of October to the end of April use-related schwall/slack events in the residual water sections of the Inn largely to ensure that there is no sustainable impact on the good ecological potential in the Inn;

3.

In the course of a possible submissions planning for possible locations on the Inn, a surge management concept based on the respective planning or expansion level is to be drawn up in order to ensure the overall impact of the surge on the water ecology as small as possible. The concept is intended to include concrete measures, such as coordinated modes of operation, taking into account the individual phases of expansion for the entire power plant locations on the Inn, in order to achieve the conditions described above. Furthermore, it is necessary to provide for a possible optimization of the swath management concept on the basis of the results of the monitoring programme.

(6) In addition, for any new uses of hydropower in the entire planning area, including the possible locations shown in § 4, it shall be carried out in the context of a permit or approval process by means of project-related measures or by means of conditions to ensure that residual quantities of water are determined in such a way that, in addition to a sufficient quantity of water for fish migration, there is also a dynamic water management system, with which the OG, Section 13 (2) (2) (2) of the QZV Ecology (OG), can be achieved. It should be noted above all in the determination of the quantities of dopants that the special outflow characteristics of the glacier streams are preserved as far as possible.

Section 4

Recommendations for the implementation of the future water order in the planning area

Jurisdiction of the country

§ 12. The present regulation does not intervene in the jurisdiction of the country, in particular in the case of a balance of interests provided for in national procedures. In this sense, the following provisions of this section are recommendations.

Agriculture and forestry

§ 13. In addition to item 8.1.7 of the outline plan in conjunction with Chapters 9.1 and 9.2 of the Environmental Report, it is recommended that:

1.

In the technical planning of the projects, care should be taken to avoid or minimise the use of land as far as possible. In the context of the further planning steps, possible direct effects such as, for example, by surface loss or management problems and indirect effects due to the change of hydrological and hydrogeological conditions are to be expected. shall be shown.

2.

In the event of significant effects, these should be achieved by the creation of spare areas by upgrading existing areas, by implementing measures in the area of groundwater or by re-establishing infrastructure links and It is possible to compensate livestock drives in the best possible way and to reduce them to a tolerable level.

Tourism

§ 14. In addition to points 8.1.8 and 8.2.7 of the outline plan in conjunction with Chapters 9.1 and 9.2 of the Environmental Report, it is recommended that:

1.

Within the framework of the planning, any impact on tourism in the planning area, such as the reduction of the water management of flow waters, barrier effects in the network of paths, the loss of structural elements or the impairment of Visual relationships are shown.

2.

In the event of significant effects, mitigation and countervailing measures, such as the revaluation of impaired subspaces after the construction phase has been completed, the restructuring of flow waters, should be a planned overall design of the above-ground installations, consideration of recreational uses and the landscape image in the definition of dopant water levies are considered.

3.

With a view to water sports, in particular kayak and rafting, future water authorities shall, in coordination with the relevant services of the country and with the participation of municipalities and, where appropriate, undertakings concerned, for the purposes of: Water-taking influenced water sections a sound concept is created and implemented to ensure the attractiveness of these routes through a controlled water supply and suitable river construction measures for the water sports , as well as companies concerned with regard to alternative offers support.

Nature conservation

§ 15. (1) In addition to points 8.1.9 and 8.2.8 of the framework plan in conjunction with Chapters 9.1 and 9.2 of the Environmental Report, it is recommended for the possible locations as shown in § 4:

1.

In the context of the planning, timely, particularly in the context of studies, information on any direct or indirect effects on flora and fauna, such as habitat loss, loss of protected habitat types, or disturbance of the To collect, test, prepare and present fauna by dust.

2.

In case of significant effects, these should, for example, be carried out by means of pasture orders from existing wetlands in the Alpine region, by renaturation of faded flow waters in the underflow of storage and other interventions, by Doping water levies on existing water versions without current doping until the entry into service of the respective site, in coordination with the requirements of Directive 2000 /60/EC of 23 June 2000. October 2000 establishing a framework for Community action in the field of water policy-the European Water Framework Directive (WFD), OJ C 327, 28.11.2000, p 1 and its national implementation, by renaturation and clearing of natural (high-) montane spruce forsts, and as far as possible to be reduced to a reasonable degree.

(2) Weiters is recommended to consider in the planning that measures relating to the interests of nature protection should in principle be in a functional, temporal and spatial relationship as narrow as possible, which should be subject to the following: to compensate them and the dimensions of these measures in a quantitative, qualitative and functionally adequate relationship to the losses caused by the past as a result of the protection of natural protection products.

Section 5

Final provisions

Publication and edition

§ 16. (1) The framework plan and the environmental report underlying the recognition, together with a summary of the integration of environmental considerations and other relevant documents, shall be published at http://wisa.bmlfuw.gv.at. The framework plan lies with the water management planning body of the State of Tyrol for inspection.

Except Force

§ 17. This Regulation shall enter into force as of 31.12.2039.

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