Verwaltungsgerichtsbarkeits Adjustment Act Environmental, Waste, Water

Original Language Title: Verwaltungsgerichtsbarkeits-Anpassungsgesetz – Umwelt, Abfall, Wasser

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97th federal law, with which the emissions certificate law 2011, the Federal Air Rights Act, the Environmental Information Act, the Federal Environmental Liability Act, the Chemicals Act 1996, the Waste Disposal Act, the Waste Management Act 2002 and The Law on Water Law in 1959 (Administrative Jurisdiction-Adaptation Law-Environment, Waste, Water)

The National Council has decided:

Article 1

Amendment of the Emissions Trading Act 2011

The Emissions Trading Act 2011, BGBl. I n ° 118, shall be amended as follows:

1. § 4 (5) first sentence is deleted.

2. In § 4 (5), second sentence, the word order shall be "Entry of legal force" replaced by the word "Erlassung" .

3. In accordance with § 49, the following § 49a and heading is inserted:

" Appeal

§ 49a. (1) The Administrative Court shall decide on complaints against complaints pursuant to this Federal Act.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may object to the decisions and findings of an administrative court under this Federal Act for unlawfulness of a revision to the Administrative Court.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall immediately be responsible for the written copies of all decisions and findings of an administrative court under this Federal Act. "

4. The following paragraph 4 is added to § 59:

" (4) § 4 (5) and § 49a together with the title in the version of the Federal Law BGBl. I n ° 97/2013 will be 1. Jänner 2014 in force. "

Article 2

Amendment of the Bundesluftreinhaltegesetz

The Bundesluftreinhaltegesetz, BGBl. I n ° 137/2002, as last amended by the Federal Law BGBl. I No 50/2012, shall be amended as follows:

1. § 1a (1) reads:

" § 1a. (1) Materials within the meaning of this Federal Act are both biogenic and non-biogenic materials. The following shall apply:

1.

biogenic materials of untreated materials of plant origin, in particular straw, wood, rewood, reeds, pruning, pruning, and foliage, and

2.

non-biogenic materials not covered by Z 1 materials, in particular used tyres, rubber, plastics, lacquers, synthetic materials, non-natural (treated) wood and composite materials. "

2. In Section 3 (1), the word order is deleted. "biogenic materials as well as the burning of not biogenic" .

3. § 3 (4) Z 5 reads:

" 5.

the punctual burning of cut-off rewood and of cut-off unwanted vegetation on dry grasslands in difficult to reach locations in the months of March and April, and "

4. In Section 3, Section 4, Z 6, the word order shall be "that on the ground" through the phrase "the one on the ground." and the word "impaired" by the word "interfere" replaced.

5. § 4 together with headline reads:

" Authority and appeal

§ 4. (1) The authority within the meaning of this Federal Act shall, unless otherwise specified, be the district administrative authority.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may lodge an appeal to the Administrative Court against a complaint issued by an administrative authority in accordance with this Federal Act. "

(6) The following paragraph 4 is added to § 10:

" (4) § § 1a (1) and (3) (1) and (4) (4), (5) and (6) and (4), together with the title in the version of the Federal Law BGBl. I No 97/2013 will enter into force with the end of the day of the event. "

Article 3

Amendment of the Environmental Information Act

The Environmental Information Act (UIG), BGBl. No 495/1993, as last amended by the Federal Law BGBl. I No 50/2012, shall be amended as follows:

1. § 8 (4) and (5) reads:

" (4) The Administrative Court of the Federal Republic of Germany (Administrative Court of the Federal Republic of Germany) shall recognise complaints in cases in the matters of Art. 131 (2) B-VG (direct federal administration); the Administrative Court of the Federal Republic of Germany shall recognize the cases in the other cases. Administrative tribunals of the countries.

(5) In the event that a person concerned has been infringed by the communication in his/her rights, the person concerned shall, on his/her request, be issued by the information office, insofar as it is concerned by the authority of the authorities to issue a communication thereon. The provisions of paragraphs 2 to 4 shall apply mutasensitily. "

2. § 8 (6).

(3) The following paragraph 8 is added to § 18:

" (8) § 8 (4) and (5) in the version of the Federal Law BGBl. I n ° 97/2013 is 1. January 2014 in force; at the same time, Section 8 (6) repeals. "

Article 4

Amendment of the Federal Environmental Liability Act

The Federal Environmental Liability Act, BGBl. I n ° 55/2009, in the version of the Federal Law BGBl. I No 144/2011, is amended as follows:

1. In § 8 (1), first sentence, the word order shall be "administrative appeal procedures" through the phrase "Proceedings before the Administrative Courts" replaced.

2. § 13 together with the title is:

" Legal protection

§ 13. (1) The parties have the right to complain to the administrative courts of the Länder in respect of the proceedings which are enacted in application of this Federal Act.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may lodge a complaint against the administrative decisions concerning costs and revenues under this Federal Act to the administrative court of the country.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may institute a revision to the Administrative Court against the findings and decisions of the Administrative Courts on costs and revenues under this Federal Act. "

3. In accordance with § 20, the following § 21 and title shall be added:

" Entry into

§ 21. § 8 (1), first sentence and § 13, together with the title in the version of the Federal Law BGBl. I n ° 97/2013 will be 1. Jänner 2014 in force. "

Article 5

Amendment of the Chemicals Act 1996

The Chemicals Act 1996, BGBl. I n ° 53/1997, as last amended by the Federal Law BGBl. I No 50/2012, shall be amended as follows:

1. In the table of contents, the entry to § 75 "Revision" .

2. In the table of contents, after the line § 75. Revision " the rows with the entries " § 75a. Complaint " and " § 75b. Entry right " inserted.

3. § 61 (5) last sentence is deleted.

4. § 67 (6) last sentence reads:

"The administrative court shall decide on a complaint against it."

5. § 75 and title shall be replaced by the following sections 75, 75a and 75b together with headlines:

" Revision

§ 75. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall be responsible for the findings and decisions of the Administrative Court, which have been issued in matters relating to this Federal Act and the regulations based on these regulations. Article 133 (8) B-VG the right to file a review for illegality to the Administrative Court.

(2) In the affairs of this Federal Act and the regulations based thereon, the competent authority, the Federal Minister for Agriculture, Forestry, Environment and Water Management, has to appeal to the Administrative Court in the event of a complaint. , a copy of the complaint shall be sent immediately. Following the approval or decision of the Administrative Court, the competent authority shall immediately provide the Federal Minister of Agriculture, Forestry, the Environment and Water Management with a written copy of the recognition or Decision of the Administrative Court to be submitted.

Complaint

Section 75a. In the affairs of this federal law and the regulations based on it, the Federal Minister for Agriculture, Forestry, the Environment and Water Management has complain of complaints against complaints about illegality and complaints about complaints about this. Failure to comply with decision-making by the Federal Minister for Agriculture, Forestry, Environment and Water Management to decide the Administrative Court.

Right of entry

§ 75b. The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, in matters of this federal law and the regulations based on it, replace another complaining state institution or other person Authority to enter the procedure at any time. "

6. The following paragraph 12 is added to § 77:

" (12) § 67 (6) as well as § § 75, 75a and 75b together with the transcripts in the version of the Federal Law BGBl. I n ° 97/2013 will be 1. Jänner 2014 in force. As of 31 December 2013, the last sentence of Section 61 (5) shall expire. "

Article 6

Amendment of the Waste Disposal Act

The Old Load Relief Act, BGBl. I n ° 299/1989, as last amended by the Federal Law BGBl. I No 15/2011, shall be amended as follows:

1. § 3 para. 1a Z 11 reads:

" 11.

Steelworks slags (LD-slags, electric furnace slags) and prepared, quality-assured asphalt breakage made of steelworks, which meet one of the following requirements:

a)

Steelworks slags and treated asphalt breakage made of steelworks slags, which are technically necessary in engineering and road construction for the production of a supporting layer with a low-transmissive cover layer, provided that a quality assurance system ensures that the required quality is provided;

b)

Steelworks slags, which are suitable for use according to lit. a suitable and incorporated into a single compartment or compartment in a landfill site or a waste disposal site, which have been set up with a view to the subsequent recovery of the material;

c)

Steelworks slags, which are used as quality-assured substitute raw materials for a different utilization than after lit. a in a single compartment or part of a compartment in a waste disposal site which has been set up with a view to a subsequent recovery. "

1a. § 10 (3) reads as follows:

"(3) The parties to the proceedings in accordance with § 8 of the AVG are the debtor and the federal government represented by the customs office as the creditor of the agreements."

2. § 18 (2) last sentence reads:

"The ordinary courts will decide on the replacement of the costs."

3. In § 18 (3), before the word "Court" the word "ordinary" inserted.

4. In Section 19 (3), the word "vocation" by the word "Complaint" replaced.

5. According to § 24, § § 25a and 25b are inserted together with the headings:

" Complaint and revision

§ 25a. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management can complain to the Administrative Court in the affairs of this Federal Law against the charges of the administrative authorities which are subordinate to him for unlawfulness. collect.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, in the affairs of this Federal Law, review the findings and decisions of the Administrative Courts on the grounds of illegality Revision to the Verwaltungsgerichtshof collect.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may at any time in the affairs of this Federal Law, in place of another complaining State institution or other concerns of the authority concerned, in the Procedure.

Disclosure requirements

§ 25b. In the affairs of this Federal Act, the competent authority shall immediately send a copy of the complaint to the Federal Minister for Agriculture, Forestry, Environment and Water Management. Once a recognition or decision has been issued by the Administrative Court, the Administrative Court shall immediately provide the Federal Minister of Agriculture, Forestry, the Environment and Water Management with a written copy of the recognition or Decision to be transmitted. "

(6) In Article VII, the following paragraph 22 is added:

" (22) § 10 para. 3, § 18 para. 2 and 3, § 19 para. 3, § § 25a and 25b, together with the headings, Article VII (22) in the version of the Federal Law BGBl. I n ° 97/2013 will be 1. Jänner 2014 in force. "

Article 7

Amendment of the Waste Management Act 2002

The Waste Management Act 2002 (AWG 2002), BGBl. I n ° 102/2002, as last amended by Federal Law Gazette (BGBl). I No 35/2012, shall be amended as follows:

1. In the table of contents the following entry to § 87b is deleted:

" § 87b.

Official complaint "

2. The following entry to § 87c is inserted in the table of contents:

" § 87c.

Complaint and revision "

3. The following entry to § 87d is inserted in the table of contents:

" § 87d.

Transfer obligations "

4. In § § 6 (3), 24a (4) Submission and Z 2, 38 (6) and (7), 46 (2), the word order shall be deleted. "First Instance" .

5. In § 6 (6) the penultimate sentence is deleted.

6. § 38 (8) deleted.

7. In § 41, the phrase "in the proceedings of the first instance" through the phrase "in proceedings before the administrative authorities" replaced.

8. In § 42 (1) Z 8 the phrase "To take legal action and to appeal to the Administrative Court pursuant to Art. 131 (2) B-VG" through the word success e "to take legal remedy, including appeal to the Administrative Court and to the Administrative Court," replaced.

9. In § 50 (4) the word order is deleted "and to appeal against the decision" and becomes the phrase "Complaint pursuant to Art. 131 (2) B-VG to the Administrative Court" through the phrase "To take legal action, including appeal to the Administrative Court, as well as a review to the Administrative Court" replaced.

10. In § 52 (3), the phrase "to assert the safeguarding of the public interests pursuant to § 1 para. 3, to take legal action and to appeal to the Administrative Court pursuant to Art. 131 (2) B-VG" through the phrase "to assert the safeguarding of the public interests pursuant to Section 1 (3) and to take legal action, including appeal to the Administrative Court, as well as to appeal to the Verwaltungsgerichtshof" replaced.

11. In § 71 (1), the following sentence is added:

" However, the administrative court may grant application of the suspensive effect of the appeal on application if, after consideration of all the interests in contact with the execution of the complaint, a serious and not yet again good damage to the appellant is concerned. would be connected. "

12. § 87b together with the title shall be deleted.

13. In accordance with § 87a the following § § 87c and 87d together with headings are inserted:

" Complaint and revision

§ 87c. (1) All persons and other party-capable entities which have party status in the affairs of this Federal Law and of the regulations based thereon shall be entitled to be held in the matters for which the party position has been granted to them. to appeal to the competent administrative court pursuant to Article 132 (5) B-VG for unlawfulness in the event that such a right is not already conferred on them pursuant to Article 132 (1) or (2) B-VG.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, in the affairs of this Federal Law and the regulations based thereon, against the charges of the administrative authorities subordinate to it for illegality. Make a complaint to the Administrative Court.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, in the affairs of this Federal Law and the Regulations based thereon, against findings and decisions of the Administrative Courts for illegality Revision to the Administrative Court.

(4) The Governor of the State may object to the findings and decisions of the Administrative Courts concerning treatment facilities for unlawfulness to the Administrative Court. The Governor of the Federal Republic of Germany may, in administrative criminal matters in the affairs of this Federal Act and the regulations based thereon, against findings and decisions of the Administrative Courts for illegality Revision to the Administrative Court collect.

(5) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, in the affairs of this Federal Law and the Regulations based thereon, be replaced by another complain-ing State institution or another shall enter into the proceedings at any time.

Disclosure requirements

§ 87d. (1) In relation to § 37 as well as penalties in relation to a regulation in accordance with § 14 concerning packaging, end-of-life vehicles, batteries and accumulators or electrical and electronic equipment, penal code in relation to the Transboundary movements of waste and penalties in relation to the permit for the collection and treatment of waste are the Federal Minister for Agriculture, Forestry, the Environment and Water Management by the modest- to transmit to the Party at the same time as notification.

(2) In the affairs of this federal law and the regulations based thereon, the competent authority shall immediately submit a copy of the complaint to the Federal Minister for Agriculture, Forestry, Environment and Water Management. Once a recognition or decision has been issued by the Administrative Court, the Administrative Court shall immediately provide the Federal Minister of Agriculture, Forestry, the Environment and Water Management with a written copy of the recognition or Decision to be transmitted. "

14. In § 91, the following subsection (25) is added:

" (25) The table of contents, § 6 (3) and (6), § 24a (4) Subsection and Z 2, § 38 (6) and (7), § 41, § 42 (1) (8), § 46 (2), § 50 (4), § 52 (3), § 71 (1), § § 87c and 87d, together with transcripts, § 91 (25), as amended by the Federal Law BGBl. I n ° 97/2013 will be 1. Jänner 2014 in force. As of 31 December 2013, § 38 (8) and § 87b, together with the title, will expire. "

Article 8

Amendment of the Water Rights Act 1959

The Water Rights Act 1959, BGBl. No. 215, as last amended by the Federal Law BGBl. I No 14/2011, shall be amended as follows:

1. In Section 12a (3), the last three sentences are replaced by the following sentence:

"There is a possibility to collect an official complaint (§ 116)."

2. In Section 21 (2), the word order shall be deleted "or by the Appellate Authority".

(3) In Article 21 (2), the following second sentence shall be inserted after the first sentence:

"In the context of a complaints procedure, the Administrative Court can set the time limit, if it has to decide on the matter itself in accordance with § 28 VwGVG."

The second and third sentences of Article 55 (5) are:

" It has party status as well as the registration of complaints to the Administrative Court in the performance of its duties in order to safeguard water-economic interests in accordance with paragraph 2 lit. a to g, in particular, on the basis of the provisions laid down in a National Water Management Plan or a flood risk management plan (measures) in all administrative procedures under this Federal Act and in all administrative procedures in which water-law provisions are applied; this does not apply to proceedings in which the Governor of the Land is appointed as an authority to take a decision. Within the framework of its party position, the water management planning body also has the possibility to object to the recognition of an administrative court revision to the administrative court. "

5. § 55g (3) second to fourth sentence are replaced by the following sentences:

" In the context of its party position (section 55 (5)), the water-management planning body may lodge a complaint against a decision with a regional or remedial programme, if it does so, to the administrative court, if it does so. either it has not been shown to have been drawn aside or has delivered a reasoned negative opinion in the proceedings on the basis of the requirements (measures) laid down in a regional or remedial programme (measures). Within the framework of its party position, the water management planning body also has the possibility to object to the recognition of an administrative court revision to the administrative court. "

6. § 74 (2) second sentence reads:

"The water cooperative acquires legal personality as a body of public law, if no ordinary legal remedy can be taken against a decision pursuant to paragraph 1."

7. § 88 (2) second sentence reads:

"The Water Association acquires legal personality as a public body, if no ordinary legal remedy can be taken against a decision pursuant to paragraph 1."

8. In § 94 (5), second sentence, the word order is deleted "Legal remedies, including" and becomes the phrase "the constitutional or administrative court" through the phrase "the Administrative Court" replaced.

9. § 97para. Last sentence is:

"Against these decisions, the members of the association concerned may lodge a complaint with the Administrative Court."

10. § 97 (3) last sentence reads:

"The appeal to the Administrative Court shall be admissible against decisions and orders of the Executive Board."

Article 97 (4) shall be deleted and the previous paragraph 5 shall be replaced by the name "4" .

12. In § § 98 (1), 99 (1), 100 (1) and 101 (3), the word sequence shall be deleted. "in first instance" .

13. § 98 (5) deleted.

14. § 101 (2), last sentence of the first sentence is:

"without prejudice to the provision of paragraph 1, the parent authority shall be responsible (§ § 99, 100)."

(15) In § 101, the following paragraph is added:

' (5) If a matter falls within the local area of action of several administrative courts, and some of them are not without delay, the administrative court is responsible for the qualitative and quantitative increase in the proportion of the Water use or exposure shall take place; in the case of water structures, responsibility shall be based on the location of the greater area of land occupied by construction measures. "

16. § 101a together with the title shall be deleted.

Section 104a (3), second to fourth sentence, shall be replaced by the following:

" In the context of its party position (Section 55 (5)), the water-management planning body may be in breach of a communication with which a deviation from the prohibition of deterioration is granted, for reasons of a water-economic interest. Examination of the public interest referred to in paragraph 2 (2) (1) to (3) shall lodge an appeal to the Administrative Court, provided that it has not been shown to have been either demonstrable to the proceedings or that the decision of a person referred to in paragraph 2 of this Article Negative opinion of the Water Management Planning Body contradicts. Within the framework of its party position, the water management planning body also has the possibility to object to the recognition of an administrative court revision to the administrative court. "

18. In § 109 para. 2, the words in the first sentence and the second sentence "First Instance" and it will be the word in the first sentence "Authority" by the word "Managing Authority" replaced.

19. In § 112, para. 1, second sentence, the word "appeal procedure" through the phrase "Appeal proceedings before the administrative courts" replaced.

The second sentence of Article 112 (2) shall be replaced by the following:

" If the request is made in good time, then the expiry of the period until the decision of the managing authority on the request for renewal is inhibited. If the Administrative Court, the Administrative Court or the Constitutional Court is called against the removal of the request for renewal, the expiry of the period shall be extended until the decision of those courts has been taken. "

21. § 116 with headline reads:

" Official Complaint and Revision

§ 116. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, within the time limit laid down in accordance with Article 7 (4) (4) (5) of the VwGVG, file a complaint to the Administrative Court against any shelling,

1.

with which exemptions from the state of the art have been granted pursuant to Section 12a (3);

2.

with which less stringent regulations have been approved in accordance with § 33b (10);

3.

To which the water management planning body in the certification procedure in a substantiated negative opinion has shown that a contradiction with the National Water Management Plan (programme of measures) and on this regional or remedial programmes (§ 55g) are given, in proceedings in which the water-management planning body is not party to the party;

4.

-despite the fact that a negative opinion of the water-management planning body has been negative, a deviation from the prohibition of deterioration was granted (Section 104a), in proceedings in which the water-management planning body is not responsible for the Party position.

The Federal Minister for Agriculture, Forestry, the Environment and the Federal Ministry for Agriculture and Forestry shall be informed of the decision on matters relating to Z 1 to 4 within two weeks of being released by the managing authority, following the decision of the Administrative Authority. water management.

In addition, the Federal Minister for Agriculture, Forestry, the Environment and Water Management can maintain a uniform handling of the provisions of this Federal Law, as well as compliance with EU rules and intergovernmental regulations. Agreements by the managing authority require the service of a decision taken on the basis of this Federal Act of fundamental importance within three months from the date of release and within the framework of the provisions of Section 7 (4) Z 5 VwGVG , shall lodge a complaint to the Administrative Court.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may decide against a decision of the Administrative Court on the basis of this Federal Act within the time limit laid down in accordance with Section 26 (1) Z 5 VwGG to the Administrative Court. Decisions in matters relating to paragraph 1 (1) to (4) shall be notified to the Federal Minister for Agriculture, Forestry, the Environment and Water Management by the Administrative Court no later than two weeks after the date of their release. In all other cases, the Federal Minister for Agriculture, Forestry, the Environment and Water Management may, within three months from the date of the release of a decision taken on the basis of this Federal Law, be issued by an administrative court. Demand delivery. "

22. In § 117 (4), the word "vocation" through the phrase "Complaint to the Administrative Court" replaced.

23. § 118 (3) reads:

" (3) In addition to the case of another amicable agreement, an expropriation may only be made if no ordinary legal remedy can be taken against the expropriation decision and compensation has been made or guaranteed has been made. Up to that date, it shall be sufficient if it has been brought to court in the amount fixed by the Water Rights Authority. "

Section 122 (1) last sentence reads:

"This power shall also be conferred on the Administrative Court during the appellance of a complaint procedure, even if no appeal has been lodged against the inconsents ' disposal."

25. In § 145, the following paragraph 11 is added:

" (11) Article 8 of the BGBl. I n ° 97/2013 is 1. Jänner 2014 in force. "

Fischer

Faymann