Verwaltungsgerichtsbarkeits Adjustment Act Environmental, Waste, Water

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

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_97/BGBLA_2013_I_97.html

97. Federal law, with the the emission certificate Act 2011, the federal air clean restraint, the environmental information Act, the federal environmental liability law, the chemicals Act of 1996, the old loads redevelopment law, the waste management Act 2002 and the Water Act 1959 be amended (Verwaltungsgerichtsbarkeits adaptation Act environmental, waste, water)

The National Council has decided:

Article 1

Change of the emission certificate Act of 2011

The emission certificate Act 2011, Federal Law Gazette I no. 118, is amended as follows:

1 § 4 paragraph 5, first sentence, is eliminated.

2. in article 4, paragraph 5, second sentence is replaced by the word "Issue" the phrase "Entry of the force of the law".

3. According to paragraph 49, the following article 49a and heading shall be inserted:

"Appeal

§ 49a. (1) the administrative court complaints against decisions under this Federal Act.

(2) the Federal Minister for agriculture and forestry, environment and water management can raise against decisions and findings of an Administrative Tribunal under this federal law due to illegal appeal to the administrative court.

Written copies of all decisions and findings of an Administrative Tribunal are under this federal act immediately to deliver. (3) the Federal Minister for agriculture and forestry, environment and water management"

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

"(4) I will take no. 97/2013 § 4 paragraph 5, as well as § 49a and heading as amended by Federal Law Gazette 1 January 2014 effect."

Article 2

Amendment of the federal air clean holding law

The air clean holding Act, Federal Law Gazette I no. 137/2002, as last amended by Federal Law Gazette I no. 50/2012, is amended as follows:

1 § 1a paragraph 1 reads:

'section 1a. (1) materials within the meaning of this Federal Act are both biogenic and non-biogenic materials. This untreated materials of vegetable origin, in particular straw, wood, wood, reeds, pruning, grass clippings and leaves, and 2 not biogenic materials not under Z are considered 1 falling materials, especially tyres, rubber, plastics, paints, synthetic materials, not natural (treated) wood and composite materials 1 biogenic materials."

2. in article 3, paragraph 1, the phrase "Biogenic materials as well as the burning not biogenic" is omitted.

3. § 3 par. 4 No. 5 is: "5. the occasional burning of truncated vine wood and cut off unwanted vegetation on dry lawn in hard to reach locations in the months of March and April and" 4. § 3 par. 4 Z 6 is the phrase "which to reason" by the phrase "which to reason" and the word "affected" 'prejudice by the word"replaced.

5. paragraph 4 together with the heading:

"Authority and remedies

4. (1) unless is the authority within the meaning of this federal law, other is determined, the district administrative authority.

(2) the Federal Minister for agriculture and forestry, environment and water management can raise against administrative decisions, which has adopted an administrative authority under this Federal Act, because of illegality. complaint to the Administrative Court"

6 the following paragraph 4 is added to § in 10:

"I no. 97/2013 (4) § 1a para 1 and 3 par. 1 and par. 4 Z 5 and 6 and article 4 together with heading as amended by Federal Law Gazette with expiration of the day of the proclamation into force."

Article 3

Amendment of the environmental information act

The environmental information Act (UIG), Federal Law Gazette No. 495/1993, as last amended by Federal Law Gazette I no. 50/2012, is amended as follows:

1. paragraph 8 par. 4 and 5:

"(4) on appeals in cases in matters of article 131 sec. 2 B-VG (direct Federal Administration) recognizes the Administrative Tribunal of the Federal Government; on appeals in cases in other matters, the administrative courts of countries recognize.

(5) a claimed affected person, to be injured right by the notification in his or her so request from the point subject to the information is a decision to adopt on whose, as far as she concerned administrative tasks on this. Para 2-4 are to apply by analogy."

2. paragraph 6 deleted § 8.

3. § 18 the following paragraph 8 is added:

"(8) § 8 para 4 and paragraph 5 as amended by Federal Law Gazette I no. 97/2013 effective with January 1, 2014; at the same time. § 8 section 6 override"

Article 4

Amendment of the federal environmental liability Act

The federal environmental liability Act, Federal Law Gazette I no. 55/2009, in the version of Federal Law Gazette I no. 144/2011, how is changed:

1. in article 8, paragraph 1 first sentence is replaced by the phrase "Proceedings before the administrative courts" the phrase "administrative appeal proceedings".

2. paragraph 13 together with the heading:

"Legal protection

Section 13 (1) against decisions adopted in implementation of this federal law, stands to the right of appeal to the administrative courts of the countries the parties.

(2) regulatory decisions about costs and dentures after this federal law the Federal Minister for agriculture and forestry, environment and water management may charge appeal at the Administrative Court of the country.

(3) against the findings and decisions of administrative courts on the costs and dentures according to this federal law the Federal Minister for agriculture and forestry, environment and water management can voice the appeal to the administrative court."

3. after section 20 the following section 21 together with the heading is added:

"Entry into force

"Article 21 Article 8, paragraph 1, first sentence, and article 13 together with the heading as amended by Federal Law Gazette I no. 97/2013 with 1 January 2014 into force."

Article 5

Change of the chemicals Act of 1996

The chemicals Act of 1996, Federal Law Gazette I no. 53/1997, amended by Federal Law Gazette I no. 50/2012, is amended as follows:

1. in the table of contents is the entry for section 75 "revision".

2. in the table of contents are the lines with the entries "75a. after the line"§ 75. revision" Complaint"and" section 75 b. subrogation "inserted.

3. § 61 para 5 last sentence deleted.

4. Article 67 paragraph 6 last sentence reads:

"The administrative court decides on a complaint levied against it."

5. § 75 including the heading is replaced by following § § 75, 75a and 75B including headings:

"Revision

75. (1) against findings and decisions of the Administrative Court, which have been issued in this Federal Act and the regulations based on it matters is the Federal Minister for agriculture and forestry, environment and water management in accordance with article 133 paragraph 8 B-VG the right to levy review because of law as laid down by the administrative court.

(2) in matters pertaining to this Federal Act and the regulations based on it, the Defence Agency, the Federal Minister of agriculture and forestry, has to submit a copy of the complaint, environment and water management in the case of an appeal at the Administrative Court immediately. After issue of the decision or the decision of the Administrative Court, the judge authority the Federal Ministry of agriculture and forestry shall submit immediately also a written copy of the decision or the decision of the administrative court environment and water management.

Complaint 75a. Regulations thereon in the Affairs of this Federal Act and the has on appeals from decisions of the Federal Minister for agriculture and forestry, environment and water management due to illegality and about complaints of breach of decision by the Federal Minister of agriculture and forestry, to decide the administrative court environment and water management.

Subrogation

section 75 b. The Federal Minister can enter for agriculture and forestry, environment and water management affairs of this Federal Act and regulations based on it instead of other other of State organ or other prosecuted authority at any time in the procedure."

6 12 the following paragraph is added to § in 77:

"(12) § 67 article 6, as well as the § § 75, 75a and 75B complete with headings in the version of Federal Law Gazette I no. 97/2013 with 1 January 2014 into force." At the end of 31 December 2013 last set override occurs § 61 para 5."

Article 6

Amendment of the old loads Rehabilitation Act

Old loads redevelopment law, BGBl. I no 299/1989, as last amended by Federal Law Gazette I no. 15/2011, is amended as follows:

1. § 3 par. 1a Z 11 is: "11 steel plant slags (LD slag electric furnace slag) (and prepared, quality assured asphalt departure from steel plant slag, that meet one of the following conditions: a) steel mill slag and recycled asphalt departure from steel plant slag, that are used in the technically necessary extent legitimately in the engineering and road construction for making a layer with low permeable top layer if a quality assurance system, ensures that the required quality is given;"

b) steel plant slags, which are lit for a usage in accordance with. a suitable and be brought into a Monokompartiment or a Kompartimentsabschnitt in construction rest mass landfill or a residue landfill, established with regard to a later allowed recovery.

c)

Steel plant slag, as quality-assured replacement commodities for an alternative recovery than after lit. a are inserted in a Monokompartiment or a Kompartimentsabschnitt in a residue landfill, which have been established with regard to a later allowed recovery."

1a. section 10 subsection 3 is as follows:

"(3) the parties to proceedings are 8 AVG post debtor and the Federal Government as tax creditors represented by the customs in accordance with §."

2. § 18 para 2 last sentence reads:

"The courts decide on the reimbursement of costs."

3. in article 18, paragraph 3 the word is inserted before the word "Court" "ordinary".

4. in article 19, paragraph 3, the word "Appeal" is replaced by the word "Complaint".

5. under section 24, the sections 25a and 25B and headings shall be inserted:

"Appeal and revision

Section 25a. (1) the Federal Minister for agriculture and forestry, environment and water management can in matters pertaining to this Federal Act against notices him child management authorities due to illegality raise complaints to the administrative court.

(2) the Federal Minister for agriculture and forestry, environment and water management can raise appeal to the Administrative Court in the Affairs of this Federal Act against findings and decisions of administrative courts due to illegality.

(3) the Federal Minister for agriculture and forestry, environment and water management can occur in the Affairs of this Federal Act in place of other other of State organ or other prosecuted authority at any time in the process.

Delivery obligations

section 25 b. In matters pertaining to this federal law, the judge authority has the Federal Ministry of agriculture and forestry to immediately transmit a copy of the complaint, environment and water management. After issuing a decision or a decision by the Administrative Court of the administrative court the Federal Ministry of agriculture and forestry, without delay to submit a written copy of the decision or decision environment and water management."

6. in article VII, 22 the following paragraph shall beadded:

"(22) § 10 par. 3, article 18, par. 2 and 3, § 19 para 3, § 25a and 25B including headings, article VII paragraph 22 as amended by Federal Law Gazette I no. 97/2013 with 1 January 2014 into force."

Article 7

Amendment of the waste management Act 2002

The waste management act of 2002 (AWG 2002), Federal Law Gazette I no. 102/2002, as last amended by Federal Law Gazette I no. 35/2012, is amended as follows:

1. in the table of contents, the following entry to section 87 does not apply b:



"§ 87 b."



Official complaint"2. In the table of contents, the following entry to § 87c is inserted:



"§ 87c."



Appeal and revision"3. In the table of contents, § 87 d the following entry is inserted:



"§ 87 d.



Delivery obligations"4. In §§ 6 para 3, 24a para 4 introductory part and Z 2, 38 para 6 and 7, 46 para 2 is omitted the phrase "first instance".

5. in article 6, paragraph 6, of the penultimate sentence is omitted.

6 paragraph 8 deleted § 38.

7. in article 41, the phrase "in the proceedings of first instance" is replaced by the phrase "in the proceedings before the administrative authorities".

8. in article 42, paragraph 1 Z 8 is the phrase "appeal to take and appeal in accordance with article 131 sec. 2 B-VG at the administrative court to collect" is replaced by the phrase "to take, including a complaint to the Administrative Court of appeal, appeal to the administrative court to raise".

9. in article 50 paragraph 4 deleted the phrase "and to raise the appeal against the decision" and the word sequence "complaint in accordance with article 131 sec. 2 B-VG at the administrative court to collect" is replaced by the phrase "to take, including a complaint to the Administrative Court of appeal, appeal to the administrative court to raise".

10. in article 52, paragraph 3, the phrase is "the public interests in accordance with § 1 para. 3 claims to make appeal to take and appeal in accordance with article 131 para. 2 B-VG at the administrative court to charge" is replaced by the phrase "to claim the public interests in accordance with § 1 para. 3 and to take, including a complaint to the Administrative Court of appeal, and appeal to the administrative court to raise".

11. in article 71, paragraph 1 the following sentence is added:

"The administrative court can detect to however the suspensive effect of the appeal at the request if after consideration of all affected interests with the enforcement of the decision for the complainant, a serious and to cause irreparable damage would be connected."

12 § 87B and heading is eliminated.

13. According to Section 87a, following § § 87 c and 87 d with headings shall be inserted:

"Appeal and revision

§ 87c. (1) all persons and other party capable formations which have in the Affairs of this Federal Act and party position thereon regulations, are entitled in the affairs which the party position was given to them, due to illegality appeal according to article 132 paragraph 5 B-VG to the competent administrative court to raise, if them this law not already referred to in article 132 para coming 1 or 2 B-VG.

(2) the Federal Minister for agriculture and forestry, environment and water management can in matters pertaining to this Federal Act and regulations thereon against decisions him child management authorities due to illegality raise complaints to the administrative court.

(3) the Federal Minister for agriculture and forestry, environment and water management can raise appeal to the Administrative Court in the Affairs of this Federal Act and regulations thereon against findings and decisions of administrative courts due to illegality.

(4) the Governor may charge appeal to the administrative court against the findings and decisions of administrative courts relating to treatment plants due to illegality. The Governor can raise in administrative penal cases in matters pertaining to this Federal Act and regulations thereon against findings and decisions of administrative courts due to illegality appeal to the administrative court.

(5) the Federal Minister for agriculture and forestry, environment and water management can occur in the Affairs of this Federal Act and regulations thereon in place of other other of State organ or other prosecuted authority at any time in the process.

Delivery obligations

Article 87 d. (1) notices in section 37 as well as deal with regard to a regulation pursuant to article 14 relating to packaging, end of life vehicles, batteries and accumulators or electrical and electronic equipment, cases in relation to the transboundary movement of wastes and deal in relation to the permission for the collection and treatment of waste are the Federal Ministry of agriculture and forestry, environment and water management by the subsequent decision authority at the same time with the delivery to the party to deliver.

(2) in matters pertaining to this Federal Act and the regulations based on it, the judge authority has the Federal Ministry of agriculture and forestry, to immediately transmit a copy of the complaint, environment and water management. After issuing a decision or a decision by the Administrative Court of the administrative court the Federal Ministry of agriculture and forestry, without delay to submit a written copy of the decision or decision environment and water management."

14. in section 91 25 the following paragraph is added after paragraph 24:

"(25) the table of contents, article 6, para. 3 and 6, section 24a, paragraph 4, introductory part and Z 2, § 38 paragraph 6 and 7, article 41, article 42, paragraph 1 Z 8, § 46 para 2, § 50 para 4, § 52 para 3, § 71 para 1, § § 87 c and 87 d with headings, section 91 paragraph 25 as amended by Federal Law Gazette I no. 97/2013 with 1 January 2014 into force." At the end of 31 December 2013 article 38, paragraph 8 and paragraph kick 87 b and header override."

Article 8

Amendment to the water law Act 1959

The Water Act 1959, BGBl. No. 215, as last amended by Federal Law Gazette I no. 14/2011, is amended as follows:

1 in section 12a paragraph 3, the last three sentences are replaced by the following sentence:

"There is the possibility for making an official complaint (section 116)."

2. in article 21, paragraph 2, the phrase "or of the appellate authority" is omitted.

3. in article 21, paragraph 2, second sentence is inserted after the first sentence:

"In the course of appeal proceedings the administrative court may impose - if it has to decide VwGVG to the substance in accordance with § 28 - the deadline."

4. § 55 para 5 second and third sentence read:


"It has party status and legitimacy of the complaint at the Administrative Court in carrying out his duties to protect management interests pursuant to par. 2 lit. a up to g, in particular taking on the specifications laid down in a national water management plan or a flood risk management plan (action) in all official proceedings under this federal law, as well as in all official procedures in those with applied statutory provisions; This does not apply to proceedings in which the Governor as authority for a decision is called. Within the framework of its party status also the possibility for the realization of an Administrative Court of the water planning authority to appeal to the administrative court."

5. § 55 g para 3 second to fourth movement are following sentences replaced by:

"Against an administrative decision by the water management planning body within the framework of its party status (article 55 par. 5) because of a conflict with a regional or rehabilitation program complaint to the administrative court may charge, unless it either not verifiably is been invited to attend the proceedings or in the proceedings in accordance with the specifications laid down in a regional or rehabilitation programme (measures) has issued a reasoned opinion by negative. Within the framework of its party status also the possibility for the realization of an Administrative Court of the water planning authority to appeal to the administrative court."

6 § 74 para 2 second sentence reads:

"The water cooperative obtained legal personality as a body of public law if no ordinary appeal may be taken against an administrative decision in accordance with paragraph 1."

7 § 88 para 2 second sentence reads:

"Wasserverband obtained legal personality as a body of public law if no ordinary appeal may be taken against an administrative decision in accordance with paragraph 1."

8. in section 94 para 5 second sentence is omitted the phrase "appeal including" and the phrase is replaced "the constitutional or administrative court" by the phrase "the Court".

9 the last sentence is § 97Abs. 2:

"Against these decisions concerned members of the Union may raise complaints to the administrative court."

10 § 97 paragraph 3 last sentence reads:

"The appeal to the Administrative Court is allowed against decisions and orders of the Board."

11 § 97 para 4 is omitted and the previous paragraph 5 receives the label "4".

12. in articles 98 paragraph 1, 99 para 1, 100 para of 1 and 101 paragraph 3 is omitted the phrase "in the first instance".

13 paragraph 5 deleted § 98.

14 § 101 para 2 last clause of the first sentence is:

"the superior authority is without prejudice to the provisions of paragraph 1 (articles 99, 100) charge."

15. in paragraph 101, the following paragraph shall beadded:

"(5) is a matter within the local powers of several administrative courts and these do not agree without time delay, the Administrative Court is responsible, in whose jurisdiction the qualitatively and quantitatively larger share of water use or exposure takes place; Water buildings jurisdiction depends on the location of the larger share of land through construction measures."

16 § 101a and header is omitted.

17 Section 104a para 3 second to fourth movement are following sentences replaced by:

"Against an official letter with a diverging from the ban on deterioration given is, can raise the water planning authority within the framework of its party status (article 55 par. 5) due to a water management interests in conflict-related examination of public interests referred to in paragraph 2 1 to 3 complaints to the administrative court Z provided that's either not verifiably is been invited to attend the proceedings or is contrary to the decision of a detailed negative opinion given in accordance with paragraph 2 of the water management planning body. Within the framework of its party status also the possibility for the realization of an Administrative Court of the water planning authority to appeal to the administrative court."

18. in article 109, paragraph 2 account for in the first and second sentence the words "first instance" and the word "Authority" in the first sentence is replaced by the word "Authority".

19. in article 112, paragraph 1, second sentence the word "Appeal" is replaced by the phrase "Appeal before the administrative courts".

20 § 112 para 2 second sentence is replaced by the following sentences:

"The application is delivered on time, then the deadline up to the decision of the administrative authority over the extension application is inhibited. Against the refusal of the extension request the Administrative Court, the administrative court or the Constitutional Court called the deadline up to the decision of these courts will be extended."

21 paragraph 116 together with the heading:

"Official appeal and revision

Section 116 (1) of the Federal Ministry of agriculture and forestry, environment and water management can within the pursuant to § 7 para 4 Z 5 VwGVG set deadline raise complaints to the administrative court against decisions, 1 which according to section 12a paragraph 3 exceptions has been admitted by the State of the art

2. with whom in accordance with § 33 (b) para 10 less strict rules approved;

3. to which the water planning authority in the procedure for the issue of notice in a reasonable negative position name has pointed out, that a contradiction to the national water management plan (action programme) and on this regional-based or rehabilitation programs (§ 55 g) is given in proceedings in which no party position comes to the water management planning organ;

4. with which - despite the existence of a negative position name of the water management planning unit - a departure from the ban on deterioration was granted (paragraph 104a), in proceedings in which no party position comes to the water management planning body.

Decisions in which matters of Z 1 to 4 has been agreed, within two weeks after their adoption by the administrative authority, port of decision documents are the Federal Ministry of agriculture and forestry to deliver environmental and water management.
Also can the Federal Minister for agriculture and forestry, environment and water management to maintain a uniform handling of the provisions of this Federal Act as well as the delivery of a decision taken on the basis of this federal law of fundamental importance within three months of issue of demand comply with Union regulations and agreements by the managing authority and within the pursuant to § 7 para 4 Z 5 VwGVG set deadline complaint to the Administrative Court of levy.

(2) the Federal Minister for agriculture and forestry, environment and water management can Z against a decision of the administrative court within the according to article 26, paragraph 1 on the basis of this Federal Act 5 VwGG set deadline appeal to the higher administrative Court of levy. Decisions in matters of para 1 are the Federal Ministry of agriculture and forestry Z 1 to 4, to deliver environmental and water resources of the administrative court no later than two weeks after their enactment. In all other cases the Federal Minister for agriculture and forestry, environment and water management by an administrative court within three months from issuing a decision made on the basis of this federal law may require its delivery."

22. in article 117, paragraph 4, the word "Appeal" is replaced by the phrase "Appeal to the Administrative Court".

23 paragraph 118 para 3:

"(3) an expropriation may be performed only except for the case of an otherwise amicable agreement, if no ordinary appeal can be taken against the expropriation and compensation has been paid or guaranteed. Up to this point it is enough if she imposed in the amount fixed by the water authority in court."

24 § 122 para 1 last sentence reads:

"This authority is to also the Administrative Court during the pendency of an appeal, even if no appeal was filed against the injunction."

25. in article 145, 11 the following paragraph shall beadded:

"(11) article 8 of the Federal Law Gazette I no. 97/2013 1 January 2014 into force."

Fischer

Faymann