Verwaltungsgerichtsbarkeits Adjustment Act Bmlfuw - Agriculture And Forestry

Original Language Title: Verwaltungsgerichtsbarkeits-Anpassungsgesetz-BMLFUW – Land- und Forstwirtschaft

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_189/BGBLA_2013_I_189.html

189. Federal law, with which the agricultural Act 1950, the Flurverfassungs Basic Law 1951, the Basic Law 1951 over the treatment of forests and pasture usage rights, as well as special field easements, the goods and rope way principles Act 1967, the Forestry Act of 1975, the forestry propagating material Act 2002, the BFW law, the fertilizers Act 1994, the feedingstuffs Act 1999, the health and food safety Act, the plant protection law 2011, the plant protection products act of 2011, the plant goods Act 1997, the vine Transport Act 1996, the plant variety protection Act 2001 , change the wine Act of 2009, the market planning act of 2007 and the marketing standards Act and the agricultural Authority Act is repealed in 1950 (Verwaltungsgerichtsbarkeits adjustment Act BMLFUW - agriculture and forestry)

The National Council has decided:

Table of contents article subject article 1 change of the agricultural Act 1950 article 2 amendment to the Flurverfassungs principle Act 1951 Article 3 amendment of the principle Act 1951 on the treatment of forests and pasture usage rights, as well as special field easements article 4 change of goods and rope ways principle Act 1967 article 5 amending the forest Act 1975 article 6 amendment of the forest reproductive goods Act 2002 article 7 amendment of the BFW Act article 8 amendment of the fertilizers Act 1994 article 9 change of feed law 1999 Article 10 change of health and food safety law article 11 change of Plant protection law 2011 article 12 amendment of the plant protection products act 2011 article 13 change of planting good law 1997 article 14 amendment of the vine Transport Act 1996 article 15 amendment of the plant variety protection Act 2001 article 16 modification of the wine law 2009 article 17 change of the market regulation law 2007 article 18 amending the marketing standards Act article 19 repeal of the agricultural Authority Act 1950 article 1

Change of agricultural procedures Act of 1950

The agricultural Act - AgrVG. 1950, Federal Law Gazette No. 173/1950, as last amended by Federal Law Gazette I no. 57/2002, is amended as follows:

1. in the heading to section I. "Agricultural authorities" is replaced by the word "Agricultural authority".

2. paragraph 1 together with the heading:

"Application of the General Administrative Procedure Act

§ 1. "The procedure in matters pertaining to land reform before the agricultural authority applies insofar as hereafter nothing more is intended, the General Administrative Procedure Act 1991, Federal Law Gazette No. 51/1991, with exception of § 78."

3. paragraph 2 together with the heading:

"Agricultural authority

2. authority within the meaning of this federal law is the (agricultural authority competent in matters of land reform)."

4. in paragraph 3, the phrase "the agricultural authorities" is replaced by the phrase "the agricultural authority".

5. in article 5, paragraph 4 and the heading to § 7 the word "Appeals" is replaced by the word "Complaints".

6 § 6 together with the header is omitted.

7. in article 7, paragraph 3, the word "Appeal period" is replaced by the word "Appeal period".

8. in article 7, paragraph 4, the word "Appeals" is replaced by the phrase "Complaints to the Administrative Court of the land".

9. in Article 7a, paragraph 3, the word "Right of appeal" is replaced by the word "Appeal".

10 section II is eliminated.

11. in paragraph 14 of the parenthetical expression "Findings"; eliminates each the phrase "agricultural authorities and which of them" is replaced by the phrase "Agricultural authority and that of her".

12. According to article 17, paragraph 4 the following paragraph 5 is added:

"(5) the heading for section I, the §§ 1 and 2 headings, § 3, section 5 (4), the heading to § 7, § 7 para 3 and 4, § 7a para 3 and § 14 as amended by Federal Law Gazette I no. 189/2013 with 1 January 2014 into force;" § 6 including the heading and section II. override happening."

Article 2

Amendment to the Flurverfassungs principle Act 1951

(Determination of principle of)

The Flurverfassungs Basic Law 1951, BGBl. No. 103/1951, as last amended by Federal Law Gazette I no. 87/2005 is amended as follows:

1. paragraph 10 section 5:

"(5) the compensation passed a party was illegal, so this party is entitled to demand damages for the loss incurred within four weeks from the occurrence of the legal force of the merger plan with complaints to the Administrative Court of the land."

2. in article 11, paragraph 1, the word "Right to appeal" is replaced by "Right to appeal".

3. in article 12, paragraph 2, the word "Appeals" is replaced by the word "Complaints".

4. in the heading of the III. section, § 34 paragraph 3, 4, 6 and 7 and § 36 para 2 replaces the word "Agricultural authorities" the word "Agricultural authority".

5. in article 33, § 34 paragraph 5, article 35, paragraph 1 and article 39, the phrase "the agricultural authorities" is replaced by the phrase "the agricultural authority".

6. According to article 33, the following article 33a and heading shall be inserted:

"Delivery duty

§ 33a. The Administrative Court has the Federal Ministry of agriculture and forestry, to submit written copies of the findings given in the Affairs of this federal law, environment and water management."

7 into § 34B para 8 is in the first sentence the quote "BGBl. I no. 153/2004" by the quote "Federal Law Gazette I no. 77/2012" replaced. In the second sentence, the phrase is omitted ", Federal Law Gazette No. 697/1993 as amended by Federal Law Gazette I no. 153/2004".

8. in paragraph 34b paragraph 9 is the phrase "Appeal to take and complaint to the Administrative Court" is replaced by the phrase "Appeal to the regional administrative court and appeal to the Administrative Court".

9. in article 34 (b) paragraph 10 replaces the phrase "Complaint to the Administrative Court" in the second sentence the phrase "Appeal to the Administrative Court".

10. in article 35, paragraph 2 the phrase replaced "Agricultural authority decides" "agricultural authorities decide" with the phrase.

11. in article 36, paragraph 1 the phrase replaced "Agricultural authority has" "agricultural authorities have" with the phrase.

12 paragraph 43 paragraph 3:

"(3) excluded are book land, that abweislich to be done by the basic book Court for a private reason."

13. in article 45, paragraph 1 and 2, the word "Court" is replaced by the word 'Basic book Court'.

14. in paragraph 46 the word is inserted before the word "Court" "ordinary".

15. in article 47, paragraph 1 the word is inserted before the word "Courts" "ordinary".

16. in article 52, the word "Court" is replaced by the word "Treatise Court" in the third and fourth movements.

17 the following paragraph 3 is added to § the 54a:

"(3) to the implementing legislation of the countries in the articles 10 paragraph 5, 11 para 1, 12 para 2, 33, 33a, 34 para. 3, 4, 5, 6 and 7, 34 b, paragraph 8, 9 and 10, 35 par. 1 and 2, 36 para 1 and 2, 39 and 43 par. 3, 45 para 1 and 2, 46, 47 para 1 and 52 as amended by Federal Law Gazette I no. 189 / 2013 established principles are within six months from the date of the entry into force of this" "Federal law to adopt and have to provide that the amendments enter into force on 1 January 2014."

Article 3

Amendment of the principle Act 1951 on the treatment of forests and pasture usage rights, as well as special field easements

(Determination of principle of)

The Basic Law 1951 on the treatment of forests and pasture usage rights, as well as special field easements, BGBl. No. 103/1951, as last amended by Federal Law Gazette I no. 14/2006, is amended as follows:

1. in article 1, paragraph 2, the phrase "one decision" is replaced by the phrase "a decision".

2 in § 32 para 2 Z 1 replaces the word "Court" the phrase "by a court".

3. in the heading of the VI. section, section 34 para 2 and 4 and § 34a, section 5 is replaced "Agricultural authorities" by the word "Agricultural authority".

4. in article 33, paragraph 1, and article 34, paragraph 3, the phrase "the agricultural authorities" is replaced by the phrase "the agricultural authority".

5. in article 33, paragraph 2 the phrase replaces "These authorities decide" "The agricultural authority determines" the phrase.

6. in article 33, paragraph 4 the word is inserted before the word "Courts" "ordinary".

7. According to article 33, the following article 33a and heading shall be inserted:

"Delivery duty

§ 33a. The Administrative Court has the Federal Ministry of agriculture and forestry, to submit written copies of the findings given in the Affairs of this federal law, environment and water management."

8 in section 34b paragraph 8 is in the first sentence the quote "BGBl. I no. 153/2004" by the quote "Federal Law Gazette I no. 77/2012" replaced. In the second sentence, the phrase is omitted ", Federal Law Gazette No. 697/1993 as amended by Federal Law Gazette I no. 153/2004".

9. in paragraph 34b paragraph 9 is the phrase "Appeal to take and complaint to the Administrative Court" is replaced by the phrase "Appeal to the regional administrative court and appeal to the Administrative Court".


10. in article 34 (b) paragraph 10 replaces the phrase "Complaint to the Administrative Court" in the second sentence the phrase "Appeal to the Administrative Court".

11. in article 38, paragraph 1, the phrase is "a final realization of the agricultural authorities or by a legal transaction approved by them" by the phrase "a final decision of the agricultural authority or through one of its authorized legal business" replaced.

12 the following paragraph 4 is added to § 39:

"(4) to the implementing legislation of the countries in the § 1 para 2, 32 para 2 Z 1, 33 para 1, 2 and 4, 33a, 34 para 2, 3 and 4, para 5 34a, 34B para of 8, 9 and 10 and 38 para 1 as amended by Federal Law Gazette No. 189 / 2013 established principles I to adopt within six months from the date of entry into force of this federal law and have to be provided" ", that the changes on 1 January 2014 into force."

Article 4

Change of goods and rope ways principle Act 1967

(Determination of principle of)

The goods and rope way principles Act 1967, BGBl. No. 198/1967, as last amended by Federal Law Gazette I no. 39/2000, is amended as follows:

1. in paragraph 7, the phrase is "The §§ 4 para 2 to 9 railway expropriation Act 1954, BGBl. No. 71," by the phrase "the railway expropriation compensation law EisbEG, Federal Law Gazette No. 71/1954," replaced.

2. in article 13, paragraph 1, fourth sentence is the word sequence "agricultural authorities will decide" replaced by the phrase "Agricultural authority will decide".

3. According to section 16, the following article 16a and heading shall be inserted:

"Delivery duty

section 16a. The Administrative Court has the Federal Ministry of agriculture and forestry, to submit written copies of the findings given in the Affairs of this federal law, environment and water management."

4. the following paragraph 6 is added to § 20 paragraph 5:

,,(6) the implementing legislation of the countries to the in the § § 7, 13 para 1 and 16a in the version of Federal Law Gazette I no. 189 / 2013 established principles to adopt within six months from the date of entry into force of this federal law and have to provide for the changes on 1 January 2014 to come into force."

Article 5

Amending the forest Act 1975

The Forestry Act 1975, BGBl. No. 440/1975, as last amended by Federal Law Gazette I no. 55/2007, is amended as follows:

1 paragraph 6 deleted § 170.

The following paragraph 8 is added to § 2. 179:

"(8) the repeal of § 170 section 6 with the Federal Act Federal Law Gazette I is no. 189/2013 with 1 January 2014 into force."

Article 6

Amendment of the forest reproductive goods Act 2002

Forestry propagation good follows the law 2002, Federal Law Gazette I no. 110/2002 in the version of Federal Law Gazette I is no. 86/2009, how changed:

1 paragraph 1 and 2 and the sales designation (3) account for § 42.

The following paragraph 3 is added to § 2. 45:

"(3) the Federal Minister for agriculture and forestry, environment and water management is concerned authority objectively."

3. the text of section 48 is preceded by the sales designation (1); the following paragraph 2 is added:

"(2) I contact no. 189/2013 42 § and § 45 para 3 as amended by Federal Law Gazette 1 January 2014 into force."

Article 7

Change of the BFW-law

The BFW Act, Federal Law Gazette I no. 83/2004, as amended by the Federal Act, Federal Law Gazette I no. 87/2005 is amended as follows:

1. in article 3, paragraph 2, the phrase is "Plant Protection Act 1995, BGBl. No. 532" by the phrase "2011 plant protection act, Federal Law Gazette I no. 10/2011" replaced.

2. paragraph 3 para 3:

"(3) the Federal Minister for agriculture and forestry, environment and water management is disappearing authority."

3. the following section 27 together with heading is added:

"Entry into force of amendment rules

"§ 27 § 3 para 3 as amended by Federal Law Gazette I no. 189/2013 into force on 1 January 2014."

Article 8

Amendment of the fertilizer Act 1994

The fertilizers Act 1994, BGBl. No. 513/1994 in the version of Federal Law Gazette I is no 87/2005, following changed:

1. § 11 ABS. 3 2nd sentence reads:

"The Federal Ministry of agriculture and forestry, environment and water management is disappearing authority."

The following paragraph 5 is added to § 2. 24:

"(5) section 11 paragraph 3 as amended by Federal Law Gazette I no. 189/2013 into force on 1 January 2014."

Article 9

Amendment of the feedingstuffs Act 1999

The feed law 1999, Federal Law Gazette I No 139/1999, as last amended by Federal Law Gazette I no. 114/2012, is amended as follows:

1. paragraph 16 paragraph 4:

"(4) the authority shall apply the AVG. The Federal Minister for agriculture and forestry, environment and water management is disappearing authority."

2. paragraph 11 is § 17.

The following paragraph 3 is added to § 3. 21:

"(3) the Federal Agency for food security has party position including appeal authority in proceedings under this federal law, which are conducted before the district administrative authorities or administrative courts and instituted due to a display of a supervisory body of the Federal Government. The decisions are to make to the Federal Agency for food security. The survey of the revision of the administrative court entitled to the Federal Agency for food security."

The following paragraph 4 is added to § 4. 24:

"(4) I § 16 para 4 and § 21 para 3 as amended by Federal Law Gazette No. 189/2013, as well as the repeal of § 17 paragraph 11 into force on January 1, 2014."

Article 10

Change of health and food safety act

The health and food safety Act, Federal Law Gazette I no. 63/2002, as last amended by Federal Law Gazette I no. 48/2013, is amended as follows:

1 § 6 ABS. 1:

"Section 6 (1) the Federal Office for food security is whether the execution of those tasks which are assigned to it in the following federal laws: 1 fertilizer Act 1994, 2. feed law 1999, 3. plant protection act 2011, 4. plant protection products act 2011, 5. planting good law 1997, 6th seed law 1997, 7 plant variety protection Act 2001 and 8 marketing standards Act."

2. paragraph 6 subsection 2:

"(2) the Federal Agency for food security is a subordinate Agency of the Ministry of agriculture and forestry, environment and water management. The Federal Minister for agriculture and forestry, environment and water management is disappearing authority."

3. in article 8, par. 2, Z 11 is the phrase "of the plant protection products Act 1997" by the phrase "of the plant protection products act of 2011" and the phrase "under the plant protection Act 1995" replaced with the phrase "under the plant protection act of 2011".

4. in article 8, paragraph 2, Z 12 is replaced by the word "Marketing standards law" the word "Quality class act".

5. in article 11, paragraph 4, the phrase "and soil conservation" is inserted after the word "Soil fertility".

6 the following article 21 together with the heading is added:

"Entry into force of amendment rules

"Article 21 § 6 para 2 as amended by Federal Law Gazette I no. 189/2013 into force on 1 January 2014."

Article 11

Amendment of the plant protection act of 2011

The plant protection law 2011, Federal Law Gazette I no. 10/2011, is amended as follows:

1. in section 37, the phrase "Plant Protection Act 1995" is replaced by the phrase "Plant protection act 2011".

2. in article 37, paragraph 2, the phrase is replaced "Federal Office and Research Centre for forest" by the phrase "Federal Office for forests".

3. paragraph 46 paragraph 2:

"(2) the Federal Minister for agriculture and forestry, environment and water management is disappearing authority."

The following paragraph 5 is added to § 4. 49:

"(5) § 46 para 2 as amended by Federal Law Gazette I no. 189/2013 into force on 1 January 2014."

Article 12

Amendment of the plant protection products act of 2011

The plant protection products act 2011, Federal Law Gazette I no. 10/2011, is amended as follows:

1. the title of article 15 is as follows:

"Penal provisions and responsibilities"

2. paragraph 15 paragraph 4:

"(4) the Federal Agency for food security has party position including appeal authority in proceedings under this federal law, which are conducted before the district administrative authorities or administrative courts and instituted due to a display of a supervisory body of the Federal Government. The decisions are to make to the Federal Agency for food security. The survey of the revision of the administrative court entitled to the Federal Agency for food security."

3. paragraph 15 paragraph 5:

"(5) the Federal Ministry of agriculture and forestry, environment and water management is disappearing authority."

4. § 18 the following paragraph 10 is added:

"(10) article 15, par. 4 and 5 as amended by Federal Law Gazette I no. 189/2013 into force on 1 January 2014."

Article 13

Change of planting good Act 1997

Planting good follows the law in 1997, Federal Law Gazette I no. 73/1997, in the version of Federal Law Gazette I is no. 86/2009, how changed:

1. in article 1, paragraph 1, no. 2 the phrase 'Directive 92/33/EEC' is replaced by the phrase 'Directive 2008/72/EC'.

2. § 12 para 3 Z 3 is: "3.

they were already brought before September 30, 2012, in the Federal territory or in the territory of another Member State in traffic and a description of the relevant variety officially recognized by the Federal College and Federal Office for vineyards and orchards."

3. § 17 para 1 second sentence reads:

"The Federal Ministry of agriculture and forestry, environment and water management is disappearing authority."

4 the following paragraph 7 is added to the article 20:

"(7) § 17 para 1 as amended by Federal Law Gazette I no. 189/2013 into force on 1 January 2014."

Article 14

Change of the vine Transport Act 1996

The vine transport law 1996, BGBl. No. 418/1996 in the version of Federal Law Gazette I is no. 110/2002, as follows, as amended:

1. § 20 para 3 second sentence reads:

"The Federal Ministry of agriculture and forestry, environment and water management is disappearing authority."

2 the following paragraph 3 is added to in section 22:

"(3) section 20 para 3 as amended by Federal Law Gazette I no. 189/2013 into force on 1 January 2014."

Article 15

Modification of the plant variety protection Act 2001

The plant variety protection Act 2001, Federal Law Gazette I no. 109/2001 in the version of Federal Law Gazette I is no 42/2005, as follows changed:

1. paragraph 19 paragraph 2:

"(2) the Federal Minister for agriculture and forestry, environment and water management is disappearing authority."

2. in article 19 the existing ABS is eliminated. 3. the existing paragraphs 4 and 5 get the sales terms 3 and 4.

The following paragraph 4 is added to § 3. 28:

"(4) § 19 in the version of Federal Law Gazette I is no. 189/2013 on 1 January 2014 into force."

Article 16

Change of wine Act of 2009

Wine follows the law 2009, Federal Law Gazette I no. 111/2009, in the version of Federal Law Gazette I is no. 111/2010, as amended:

1 in § 25 paragraph 15, the word order does not apply ", appeals to the Federal Minister of agriculture and forestry, environment and water management can be filed against decisions of the Federal".

2 in § 46 para be the phrase "or independent Administrative Senates in the world" by the phrase "or administrative courts" 6 and the phrase "The right to survey the appeal" is replaced by the phrase "The right to survey the revision".

3. paragraph 46 paragraph 8:

"(8) the Federal Minister for agriculture and forestry, environment and water management is disappearing authority."

4. in paragraph 74, the following paragraph 3 shall beadded:

"(3) I no. 189/2013 § 25 para 15, § 46 paragraph 6, and article 46 paragraph 8 in the version of Federal Law Gazette into force on January 1, 2014."

Article 17

Change of the market organisation Act 2007

The market organisation Act 2007 - MOG 2007, Federal Law Gazette I no. 55/2007, amended by the Federal Act Federal Law Gazette I no. 21/2012, is amended as follows:

1. paragraph 13 paragraph 1:

"(1) on charges for market purposes, which is collected within the framework of Community market organisation regulations with respect to market goods, the provisions of the federal tax code - BAO, BGBl. apply no. 194/1961 in amended, insofar as prescribed by this federal law or regulation on the basis of this Federal Act are not other is intended." The appropriate wrap and paying agent is BAO; as far as the regulations of the BAO are to apply in the enforcement of this provision of tax authority within the meaning of § 49 paragraph 1 Furthermore is the Federal Minister for agriculture and forestry, environment and water management authority in exercising the right of supervision."

2. paragraph 19 (1) to 4:

"(1) the AMA denies simultaneously with the decision on granting an application year over all this year of application requests, which are directly related to the corresponding support system, premium.

(2) notices to the measures contained in paragraphs 7, 8 and 10 may in addition to the in § 68 AVG officio lifted stated reasons by the authority which issued the permit, or amended, insofar as this is necessary for the fulfilment of Union legal requirements.

(3) the Federal Administrative Court can apply the AMA, perform the appropriate calculations in accordance with the instructions given in the knowledge and to communicate the result of administrative decision.

(4) in the proceeding concerning decisions that amend findings of the Federal Administrative Court, annul or replace, is bound. the AMA on the relevant to the findings, there set forth legal view"

3. section 19 be added following paragraph 7 to 9:

"(7) by way of derogation from § 14 Administrative Court Procedure Act - VwGVG, Federal Law Gazette I no. 33/2013, is the deadline for an appeal decision four months.

(8) the Federal Administrative Court has the Federal Ministry of agriculture and forestry, to transmit the findings in a technically appropriate manner felled in the area of the common organisations of the market environment and water management informed.

(9) the Federal Minister for agriculture and forestry, environment and water management can raise because of illegality against one decision of the Federal Administrative Court. revision"

The following paragraph 4 is added to § 4. 27:

"(4) for the performance of duties of the decision on complaints, business owners and other market participants with read-only access the personal and operating data of the complainant are the Federal Administrative Court to the electronic databases of the AMA, in the field of integrated management and control system and the identification and registration of bovine animals set up are, in accordance with the data security measures in accordance with § 14 Data Protection Act 2000 - DSG 2000, Federal Law Gazette I no. 165/1999 in the currently valid version" ", to make accessible."

5. in article 30a, paragraph 2, the word "Appeal" is replaced by the word "Complaint".

6 the following paragraph 7 is added to § in 32:

"(7) the articles 13 para 1, 19 para 1 to 4 and para 7 to 9, 27 para. 4 and 30a para 2 as amended by Federal Law Gazette I no. 189/2013 with 1 January 2014 into force."

Article 18

Amending the marketing standards Act

Marketing standards follows the law - VNG, Federal Law Gazette I no. 68/2007, in the version of Federal Law Gazette I is no. 111/2010, as amended:

1. in article 22, paragraph 2, the word "Appeal" is replaced by the word "Complaint".

2. in article 26, the following paragraph 1a is inserted:

(1a) section 22 par. 2 in the version of Federal Law Gazette I is no. 189/2013 with 1 January 2014 into force.

Article 19

The agricultural Authority Act 1950

The agricultural Authority Act 1950, Federal Law Gazette No. 1/1951, amended by Federal Law Gazette I no. 191/1999, occurs at the end of 31 December 2013 override.

Fischer

Faymann