Authorization To Take Further Measures In Accordance With Article 4 Paragraph 4 Federal Forestry Act 1996-1 Öbf Empowering Regulation

Original Language Title: Ermächtigung zu weiteren Maßnahmen gemäß § 4 Absatz 4 Bundesforstegesetz 1996 – 1. ÖBf-Ermächtigungsverordnung

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Regulation of the Federal Minister of Agriculture, Forestry, Environment and Water Management for the authorisation of further measures pursuant to § 4 paragraph 4 of the Federal Forest Act 1996-1. ÖBf-Erauthorising Regulation

Due to § 4 (4) of the Federal Forest Act 1996, BGBl. No. 793, as last amended by the Federal Law BGBl. I n ° 136/2004, shall be assigned in agreement with the Federal Minister for Finance:

§ 1. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management authorizes the Österreichische Bundesforste AG to dispose, within the meaning of paragraph 4, of immovable federal assets, as they are based on the property law of the Federal Government. on the property stock transferred to the Österreichische Bundesforste AG for administration.

(2) The authorization referred to in paragraph 1 shall be applied within the limits of the value limits laid down in the annual Federal Finance Act. The provisions of § 76 of the Federal Budget Act 2013 are to be applied by the Austrian Bundesforste AG in accordance with the provisions of this Act.

(3) The property portfolio managed by the Österreichische Bundesforste AG arises from § 1 (1) in conjunction with Section 4 (1) (3) Bundesforstegesetz 1996, BGBl. No. 793, as last amended by the Federal Law BGBl. I No 136/2004.

(4) The following measures may be taken in the form of immovable federal assets within the meaning of paragraph 1:

1.

the charge of the property of property referred to in paragraph 1, with construction rights, serviceability and other rights in rem, with the exception of pledge rights, whether in return for payment or free of charge.

2.

the task of a right belonging to the immovable property within the meaning of Section 298 of the German Civil Code (ABGB), whether paid or not.

These measures may only be taken in accordance with the provisions of § 1 Bundesforstegesetz 1996, BGBl. No. 793, as last amended by the Federal Law BGBl. I n ° 136/2004.

§ 2. (1) Prior to the implementation of measures pursuant to § 1 paragraph 4, a corresponding decision of the Supervisory Board of Österreichische Bundesforste AG shall be obtained. With the consent of the member in accordance with § 10 paragraph 2 § 2 Federal Forest Act 1996, BGBl. No. 793, as last amended by the Federal Law BGBl. I n ° 136/2004, the agreement with the Federal Ministry of Finance shall be deemed to have been established.

(2) In the act of disposal or in the related legal business, the manner in which the agreement is to be made is to be made clear by written notice.

(3) The establishment of the agreement with the Federal Minister of Finance or the Federal Minister of Finance on the respective disposal and the related legal transaction shall apply with the company drawing of the Austria's Bundesforste AG has been certified to the outside world as confirmed and documented in documents.

§ 3. All measures pursuant to § 1 (4) are separate written records within the meaning of § 1 paragraph 4 Bundesforstegesetz 1996, BGBl. No. 793, as last amended by the Federal Law BGBl. I n ° 136/2004.

§ 4. This Regulation shall enter into force with the day following the presentation.

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