132.Regulation of the Federal Minister for Economic Affairs, Family and Youth, with which the mining waste regulation is amended

Pursuant to Sections 109 (3), 114 (2), 119a, 119b and 181 of the MinroG MinroG, BGBl. I n ° 38/1999, as last amended by the Federal Law, BGBl. I n ° 144/2011, in agreement with the Federal Minister for Agriculture, Forestry, the Environment and Water Management, as far as the regulations on the protection of the environment are concerned, the following is a question:

The regulation of the Federal Minister for Economic Affairs, Family and Youth, with the provisions on the management of mining waste (mining waste regulation), BGBl. II No 130/2010, shall be amended as follows:

1. In Section 1 (2), the term "Z 3" shall be deleted. "and" and in Z 4 the point shall be replaced by a dash and the word shall be replaced by "and" . The following Z 5 shall be added:

" 5.		Decision 2009 /335/EC laying down technical guidelines for the setting of financial security in accordance with Directive 2006 /21/EC, OJ L 376, 27.12.2006, p. No. OJ L 101, 21.04.2009 p. 25.

2. In § 2 (3), the introduction rate shall be:

"(3) § 5 (3) penultimate sentence and (4) shall not apply."

3. In § 4 Z 3, the expression "the surface affected by the waste disposal facility" by the expression "of the area subject to the waste disposal facility" replaced.

4. In § 4 Z 8 the term " "in Category A" .

5. § 5 (3) the following sentence is added:

"In the event of a change in the person of the mountain farmer during the operating phase, the current information and records shall be proven to pass on to the new mining authorized."

6. § 5 (4) the following sentence is added:

"Furthermore, the technical development and training of personnel involved in the operation of the waste facility shall be ensured."

7. § 5 is added to the following paragraph 5:

"(5) A substantial change in a waste facility (§ 119a para. 8 Z 1 MinroG) is available if the change can have a significant negative impact on human health or the environment."

8. § 6 para. 2 reads:

"(2) (1) does not apply to sedimentation ponds which have been decommissioned until 1 May 2008."

Mitterlehner