The Environmental Compatibility Verification Act 2000 Amendment And Repeal Of The Federal Law On The Environmental Council

Original Language Title: Änderung des Umweltverträglichkeitsprüfungsgesetzes 2000 und Aufhebung des Bundesgesetzes über den Umweltsenat

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95. Federal Law, amending the Environmental Impact Assessment Act 2000 and repeal the Federal Act on the Environment Senate

The National Council has decided:

Article 1

Amendment of the Environmental Impact Assessment Act 2000

The Federal Act on Environmental Impact Assessment (Environmental Impact Assessment Act 2000), BGBl. N ° 697/1993, as last amended by the Federal Law BGBl. I No 77/2012, shall be amended as follows:

1. § 1 (2) reads:

" (2) This federal law provides for Directive 2011 /92/EU on the assessment of the effects of certain public and private projects on the environment, OJ L 327, 22.11.2011, p. No. OJ L 26, 28.1.2012 p. 1.

2. In § 3 (6) the expression "§ 40 (3)" by the expression "§ 39 (3)" replaced.

3. In § 3 (7), the fifth and sixth sentences are:

" The decision is to be taken within six weeks. Party position and the right to lodge a complaint to the Federal Administrative Court, have the project advertiser/the project werberin, the environmental attorney and the location community. "

4. In § 3 (7) the penultimate sentence is:

"The local community may object to the decision of the Federal Administrative Court to review the Administrative Court."

5. § 3 (7a) reads:

" (7a) If the Authority finds, in accordance with paragraph 7, that no environmental impact assessment is to be carried out under this Federal Act, an environmental organisation recognised in accordance with Section 19 (7) is entitled to complain to the Federal Administrative Court. From the date of publication on the Internet, such an environmental organisation shall be granted access to the administrative act. The local registration area designated in the notice of recognition in accordance with § 19 (7) shall be decisive for the notification of complaints. "

6. Section 3a (8) is deleted.

7. § 16 (3) reads:

' (3) Paragraph 39 (3) of the AVG must be applied with the proviso that the Authority shall, at the earliest four weeks after the date of delivery or the beginning of the edition of the minutes of the oral proceedings, apply the investigative procedure to the decision-making stage for the decision-making process, for the period of can be closed. This declaration means that no new facts and evidence can be brought forward. Section 45 (3) of the AVG shall remain unaffected. "

8. In § 19 (1) Z 4, the expression "§ 55 (4)" by the expression § § 55, 55g and 104a " replaced.

9. In § 19 (3), second sentence, the word order shall be "Complaint to the Verwaltungsgerichtshof" through the phrase "Complaint to the Federal Administrative Court and revision to the Verwaltungsgerichtshof" replaced.

10. In § 19, para. 4, last sentence, the phrase "Complaint to the Administrative Court or the Constitutional Court" through the phrase "Complaint to the Federal Administrative Court and Revision to the Administrative Court as well as complaint to the Constitutional Court" replaced.

11. In § 19 (10), the last sentence is:

"She is also entitled to file a complaint to the Federal Administrative Court as well as a revision to the Administrative Court."

12. In § 24 (5), the fifth sentence reads:

"The eligible persons have party status and the right to lodge a complaint with the Federal Administrative Court, the locality of the site also a revision to the administrative court."

13. § 24 (5a) reads:

" (5a) If the Authority finds, in accordance with paragraph 5, that no environmental impact assessment is to be carried out under this Federal Act, an environmental organisation recognised in accordance with Section 19 (7) shall be entitled to appeal to the Federal Administrative Court. From the date of publication on the Internet, such an environmental organisation shall be granted an insight into the act of procedure. The local registration area designated in the notice of recognition in accordance with § 19 (7) shall be decisive for the notification of complaints. "

14. In § 24 (7) the expression "§ 16 (1) and (2) (oral proceedings)" by the expression "§ 16 (oral proceedings and further proceedings)" replaced.

15. In § 24f (8), the second and third sentences are:

" The persons referred to in § 19 (1) (1) (3) to (6) shall have party status in accordance with § 19 with the right to exercise compliance with environmental regulations as a subjective right in the proceedings and to appeal to the Federal Administrative Court as well as a revision to the Administrative Court, citizens ' initiatives also to lodge a complaint to the Constitutional Court. Persons according to § 19 (1) (7) and (11) (11) shall have party status in accordance with § 19 with the right to exercise compliance with environmental regulations in the proceedings and to appeal to the Federal Administrative Court as well as to the revision to the Administrative Court. "

16. In Section 26, Section 3, Z 2, the word "Environment Council" by the word "Federal Administrative Court" replaced.

17. In § 27 (2), the words "the Environment Senate" by the words "the Federal Administrative Court" replaced.

18. In Section 28 (2), the word "Environment Council" by the word "Federal Administrative Court" replaced.

Section 39 is added to the following paragraph 3:

"(3) A decision which has been adopted contrary to Article 3 (6) shall be declared null and void by the relevant competent authority or, if no such authority is provided for, by the authority which has issued the decision."

20. § 40 shall be replaced by the following § 40 with title:

" Appeal procedure

§ 40. (1) The Federal Administrative Court shall decide on appeals against decisions pursuant to this Federal Act. This shall not apply in proceedings pursuant to § 45.

(2) The Federal Administrative Court shall decide by Senate.

(3) In proceedings concerning complaints pursuant to § § 3 (7a) and (24) (5a), § § 7, 8 and 16 of the Administrative Court Procedure Act (VwGVG) are not applicable; such complaints shall be within four weeks from the date of publication of the date of the complaint in the To submit the Internet in writing to the Authority. Party is also the project shipyard/project werberin.

(4) The decision on appeals against the modesty of the 1. Section is within six weeks, against a notice of arrest after the 3. To take part within eight weeks. The decision-making period for a decision of appeal pursuant to Section 14 (1) of the Administrative Court Procedure Law (VwGVG) is 6 weeks.

(5) The Federal Administrative Court shall in any case apply the provisions of Sections 5 (6), 10 (4) and 12 (2) and (3) in the proceedings concerning complaints against proceedings in accordance with § § 17 to 18b and 24f and 24g. Section 16 (3) must be applied with the proviso that the investigation procedure can be declared closed for decision-making with effect at the earliest four weeks after the notification of the declaration.

(6) The Federal Administrative Court shall make available to the Federal Administrative Court official experts operating in the field of the enforcement of the federal government and the country of which the decision is reviewed.

(7) The findings of the Federal Administrative Court are to be published in addition to the website of the Federal Administrative Court for at least eight weeks in addition to § 29 VwGVG and to the local community during the office hours for everyone. Public inspection. This possibility should be pointed out by the attack in the local community during the period of the application. "

21. § 40a is deleted.

22. § 42 (3).

23. § 42a reads:

" § 42a. If an authorization decision is lifted by the Administrative Court in the version of a recognition of the Federal Administrative Court, the project may, however, until the legal force of the replacement certificate, but not more than one year, in accordance with the shall be further operated in the version of the administrative judicial recognition, which is the subject of a notice of approval. This shall not apply if the Administrative Court of the Revision, which led to the lifting of the administrative judicial recognition, had granted the suspensive effect. "

24. In § 43 (1), last sentence, after the word "Authorities" the phrase "and by the Federal Administrative Court" inserted.

25. In § 45 Z 2 lit. a will be the parenthesis "(§ § 18b, 24g para. 3)" by "(§ § 18b, 24g (1))" replaced.

26. § 46 the following paragraph 24 is added:

" (24) § 1 para. 2, § 3 para. 6, 7 and 7a, § 16 para. 3, § 19 para. 1 Z 4, § 19 para. 3, 4 and 10, § 24 para. 5, 5a and 7, § 24f para. 8, § 26 para. 3, § 27 para. 2, § 28 para. 2, § 39 para. 3, § 40 including title, § 42 para. 3, § 42a and § 43 para. 1 in the Constitution of the Federal Law BGBl. I n ° 95/2013 are due to 1. Jänner 2014 in force; at the same time, § 40a and § 42 para. 3 are repeal. Section 3a (8) enters into force with the expiry of the day of the event of the aforementioned Federal Act, § 45 Z 2 shall enter into force with this date. By way of derogation from the Administrative Court of Transitional Law, BGBl. I No 33/2013 (Article 2), the following shall apply:

1.

If a communication from the Environment Council, the delivery of which has been initiated before the end of the 31 December 2013, has not been served until the end of this day, even if only one party has not been served, it shall, as far as the decision has been made by 31 December 2013, have been notified of the notification. In accordance with the provisions of the Delivery Act, January 2014 would not be deemed to have been delivered (Section 2 (3) of the Administrative Jurisdiction Transitional Act), the Federal Administrative Court would have the service to be delivered. § 2 para. 3 last sentence of the Administrative Court Transitional Act is not applicable.

2.

§ 3 (1) and (2) of the Administrative Jurisdiction Transitional Act also applies to requests for examination in accordance with § § 3 (7a) and (24) (5a) in the version prior to the entry into force of the Federal Law BGBl (Federal Law Gazette). I No 95/2013.

3.

§ 3 (3), § 4 (2) and (4), as well as § 6 (2) and (4) of the Administrative Court Jurisdiction Transitional Act apply mutationally.

4.

Procedures which are pending at the end of December 31, 2013 at the Environmental Senate on the basis of a devolution request pursuant to Section 73 (2) of the AVG, shall be forwarded by the Federal Administrative Court as an abattosis procedure.

5.

Complaints against decisions of administrative authorities relating to projects pursuant to Section 23a, which are taken after 31 December 2013, in proceedings initiated before 31 December 2012 and against which applicable after the date of 31 December 2013 The legal position would not have been admissible if there was no suspensive effect. Section 30 (2) and (3) of the VwGG shall apply mutatily. "

Article 2

Repeal of the Federal Law on the Environment Senate

The Federal Law on the Environment Senate, BGBl. I n ° 114/2000, as amended by the Federal Law BGBl. I n ° 127/2009, will expire on 30 June 2014.

Fischer

Faymann