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

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_95/BGBLA_2013_I_95.html

95. Federal Act, which changed the environmental compatibility verification Act 2000 and repealed the Federal Act on the Environmental Council

The National Council has decided:

Article 1

Change of the environmental compatibility verification Act 2000

The Federal law on the assessment of the environmental impact (environmental compatibility verification Act 2000), BGBl. No. 697/1993, as last amended by Federal Law Gazette I no. 77/2012, is amended as follows:

1. paragraph 1 paragraph 2:

"(2) this federal law the directive will 2011/92/EU on the environmental assessment of certain public and private projects, OJ L 26 of the 28.1.2012 S. 1, implemented. “

2. in article 3, paragraph 6, the expression "section 40 para 3" with the expression "section 39 paragraph 3" will be replaced.

3. in section 3, paragraph 7, of the fifth and sixth sentence read:

"The decision is to meet within six weeks by decision. The project applicant / candidate of the project, the environmental lawyer and the site community have party status and the right to raise complaints to the Federal Administrative Court."

4. in section 3, paragraph 7, the penultimate sentence reads:

"The municipality may charge appeal to the administrative court against the decision of the Federal Administrative Court."

5. paragraph 3 paragraph 7a:

"(7a) the authority in accordance with para 7 notes that according to this federal law making an environmental impact assessment for a project is, is in accordance with § 19 para 7 environmental organization acknowledged entitled to appeal to the Federal Administrative Court. From the date of publication in the Internet, one is to provide insight into the administrative measure such environmental organization. The legitimacy of the complaint of local admission area designated in the recognition decision according to § 19 section 7 is determined."

6 paragraph 8 deleted § 3a.

7 paragraph 16 paragraph 3:

"(3) section 39 paragraph 3 is AVG with the provision to apply, that the Agency, but no earlier than four weeks can explain the investigation when decision ripe with effect after delivery or beginning of the circulation of the minutes of the oral proceedings, closed. This statement causes that no new facts and evidence more can be made. § 45 para 3 AVG will remain unaffected."

8. in article 19, paragraph 1, the expression "section 55 (4)" with the expression "§ § 55, 55 g and 104a" replaced Z 4.

9. in article 19, paragraph 3, second sentence is replaced by the phrase "Appeal to the Federal Administrative Court and appeal to the Administrative Court" the phrase "Complaint to the Administrative Court".

10 in section 19 subsection 4 the last sentence is replaced by the phrase "Appeal to the Federal Administrative Court and appeal to the Administrative Court and appeal to the Constitutional Court" the phrase "Complaint to the administrative court or the Constitutional Court".

11. in article 19, paragraph 10, the last sentence is:

"She is also entitled to raise a complaint to the Federal Administrative Court and appeal to the administrative court."

12. in article 24, paragraph 5, the fifth sentence reads:

"The eligible have party status and the right to appeal to the Federal Administrative Court, to collect the site community also appeal to the administrative court."

13 paragraph 24 paragraph 5a:

"(5a) the authority in accordance with paragraph 5 notes, that according to this federal law making an environmental impact assessment for a project is, is in accordance with § 19 para 7 environmental organization acknowledged entitled to appeal to the Federal Administrative Court. From the date of publication in the Internet, one is to provide insight into the procedure act such environmental organization. The legitimacy of the complaint of local admission area designated in the recognition decision according to § 19 section 7 is determined."

14. in section 24, paragraph 7, the expression "article 16, paragraph 1 and 2 (hearing)" is replaced by the expression "section 16 (hearing and another procedure)".

15. in article 24f paragraph 8, the second and third sentence read:

"You have Z 3 to 6 persons party position in the § 19 para 1 according to of article 19 with the permission, to carry out environmental compliance as a subjective right in the procedure and to appeal to the Federal Administrative Court and appeal to the Administrative Court, civil initiatives also appeal to the Constitutional Court. Persons in accordance with article 19, paragraph 1 Z 7 and § 19 paragraph 11 have to raise party status in accordance with of article 19 with the permission, to carry out environmental protection compliance in the procedure and appeal to the Federal Administrative Court and appeal to the administrative court."

16. in article 26, para. 3, Z 2 replaced the word "Environmental Tribunal" with the word "Federal".

17. in article 27, paragraph 2, the words "the Environmental Council" be replaced by the words "the Federal Administrative Court".

18. in article 28, paragraph 2, the word "Environmental Tribunal" is replaced by the word "Federal".

19 § 39 the following paragraph 3 is added:

"(3) rulings adopted contrary to section 3, paragraph 6, are objectively by the relevant authority or, if this is not provided, by the authority which issued the permit has to declare as null and void."

20 § 40 is replaced by the following section 40 including the heading:

'Appeal proceedings

Section 40 (1) complaints against decisions under this Federal Act shall decide the Federal Administrative Court. This does not apply in proceedings under section 45.

(2) the Federal Administrative Court rules by Senate.

(3) in proceedings on complaints after the articles 3 paragraph 7a and 24 para 5a are §§ 7, not to apply 8 and 16 of the Administrative Court Procedure Act (VwGVG); such complaints are within four weeks of the date of publication of the notification in the Internet in writing the authority to introduce. Party is also the project applicant / candidate of the project.

(4) the decision on complaints against assessment decisions for the 1st section is six weeks, against assessment decisions to take the 3rd section of eight weeks. The decision period for an appeal decision according to section 14, paragraph 1, of the Administrative Court Procedure Act (VwGVG) is 6 weeks.

(5) in the procedure on appeals against rulings according to §§ 17 and 18 b and 24f and 24 g the Federal Administrative Court has the § § anyway, apply 5 para 6, 10 para 4 and 12 para 2 and 3. § 16 para 3 is to apply subject to the proviso that the criminal proceedings in decision maturity at the earliest four weeks after receipt of the Declaration for closed can be explained with effect.

(6) the Federal Administrative Court are in the area of enforcement of the Federal Government and that country, whose ruling is checked, make Office experts available.

(7) findings of the Federal Administrative Court are to publish VwGVG section 29, yet at least eight weeks on the Internet site of the Federal Administrative Court and to put on during office hours for everyone to public inspection at the site community. This possibility is to point out by stop in the municipality during the period."

21 section 40a is eliminated.

22 paragraph 3 deleted § 42.

23 paragraph 42a:

'article 42a. Revokes a permit as amended by a decision of the Supreme Administrative Court of the Administrative Court, so the project may be operated but no longer than a year, according to the repealed permit as amended by the administrative decision further up to the legal force of the Ersatzerkenntnisses. This does not apply, if the Administrative Court had awarded the revision which led to the abolition of the administrative decision, the suspensive effect."

24. in article 43, paragraph 1, last sentence is inserted after the word "Authorities" the phrase "and by the Federal Administrative Court".

25. in article 45, no. 2 lit. a is the bracket expression "(§§ 18b, 24g Abs. 3)" by "(§§ 18b, 24g Abs. 1)" replaced.

26 24 the following paragraph is added to § 46:

"(24) § 1 para 2, § 3 par. 6, 7 and 7a, section 16 para 3, § 19 para 1 Z 4, article 19, para. 3, 4 and 10, § 24 para 5, 5a and 7, article 24f paragraph 8, article 26, para. 3, section 27, paragraph 2, § 28 para 2, § 39 para 3, § 40, including heading, § 42 para 3, § 42a and section 43 para 1 as amended by Federal Law Gazette I no. 95/2013 with 1 January 2014 into force;" at the same time § 40a and § 42 para 3 override occur. § 3a paragraph 8 enter into force with expiration of the day which occurs by-laws of the above federal law override, § 45 Z 2 with this date. By way of derogation from the Verwaltungsgerichtsbarkeits transition Act, Federal Law Gazette I no. 33/2013 (article 2), the following shall apply: 1. a decision of the Environmental Tribunal, whose Zustellung is prompted, until the end of this day, even if before the expiry of the 31 December 2013 is only one party, not valid to has been made shall, so far as the decision would apply until 31 January 2014 in accordance with the provisions of the Act of delivery rather than delivered (§ 2 para 3 of the Verwaltungsgerichtsbarkeits transition Act) , the Federal Administrative Court to dispose of the delivery. § 2 para 3 is the last sentence of the Verwaltungsgerichtsbarkeits transitional law does not apply.

2.

Article 3, paragraph 1 and 2 of the Verwaltungsgerichtsbarkeits transitional law also applies to petitions in accordance with the articles 3 paragraph 7a and 24 para 5a as amended before the entry into force of the Federal Act Federal Law Gazette I no. 95/2013.

3. § 3 para 3, § 4 paragraph 2 and 4, and article 6 par. 2 and 4 of the Verwaltungsgerichtsbarkeits transition Act shall apply mutatis mutandis.

4. proceedings which are still pending at the end of 31 December 2013 at the Environmental Council on the basis of a devolution proposal pursuant to § 73 para 2 AVG are to continue by the Federal Administrative Court as late payment complaints procedure.

5. Appeals against decisions of administrative authorities on projects according to § 23a, taken after 31 December 2013, in proceedings, which were initiated before December 31, 2012, and against the legal situation applicable up to 31 December 2013 is no ordinary appeal would have been allowed, is no suspensive effect. § 30 para 2 and 3 VwGG shall apply mutatis mutandis."

Article 2

Repeal of the Federal law on the Environmental Council

The Federal Act on the Environmental Council, Federal Law Gazette I no. 114/2000 as amended by Federal Law Gazette I no. 127/2009, occurs at the end of 30 June 2014 override.

Fischer

Faymann