364. Regulation of the Federal Minister for transport, innovation and technology on noise pollution measures in the field of air transport (aviation noise immission protection regulation LuLärmIV)
On the basis of § 62 para 4 and § 145b of the Aeronautics Act, BGBl. No. 253/1957, I no. 77/2012, will be amended by the Federal Act Federal Law Gazette in agreement with the Federal Minister of agriculture and forestry, environment and water management:
Scope of application
Are regulations with regard to noise pollution, which are due, which 1 airports pursuant to article 64 of the Aviation Act - LFG, BGBl. No. 253/1957 amended, or military airfields, which used LFG for purposes of civil aviation in accordance with section 62, paragraph 3 concerning project and 2. a permit under the environmental compatibility verification Act § 1 (1) this Regulation 2000 - EIA-G 2000, Federal Law Gazette No. 697 / 1993 in the amended , require, issue.
(2) LFG occurs in the case of military aerodromes used LFG pursuant to § 62 3 for purposes of civil aviation, in place of the civilian flight placeholder of the holder of the authorization referred to in section 62 in the scope of application of this regulation.
(3) this regulation does not relieve measures to be implemented to reduce the impact of aircraft noise, such as in particular a spatial planning takes into account the situation of the aircraft noise and zoning of the countries in the vicinity of airports of others within the meaning of the balanced approach.
Immission threshold values for aircraft noise
§ 2. Following immission threshold values shall apply for evaluation by the project-related undue harassment of neighbors by aircraft noise:
To apply until the expiry of the 31 December 2014:
62 dB(A) outside level,.
To apply from 1 January 2015:
60 dB (A) outer level
To apply until the expiry of the 31 December 2014:
52 dB(A) outside level
6-time 68 dB(A) outside level
Submission from 1 January 2015
50 dB(A) outside level
6-time 68 dB(A) outdoor levels.
Determination of noise exposure
3. (1) the determination of the noise pollution has below must be: 1. LAeqTag is the energy equivalent A-weighted continuous sound pressure level according to ISO 1996-2: 2007, whereby the assessment period is one year and the regulations in the period between 06:00 and 22:00 (§ 2 Z 1), 2nd is LAeqNacht the energy-equivalent A-weighted continuous sound pressure level according to ISO 1996-2: 2007, whereby the assessment period is one year and the provisions in the time between 22:00 and 06:00 (§ 2 Z 2) be , 3. LAmax is the A weighted maximum level.
The values are for the ECAC doc. Lol 29, Edition, edition of December 7, 2005, for the entire year to calculate 3, subject to the proviso that only the specific emission of aircraft noise is relevant and other sound sources out of consideration to stay as well as the calculated emissions from residential buildings at 4 meters above the ground to apply is. There is a level difference of 15 DB (a) between inside and outside. Are all sound pressure level calculated for a plot of land below immission threshold values, so these apply for dwellings located on the plot anyway, as observed.
(2) emissions, emanating from aircraft in the military or police service or carrying out rescue flights have to stay for the calculation of noise indexes not taken into consideration.
(3) for the calculation of the noise immission of approved is State at the forecast time (zero scenario) and the State changed the project to the according § 145 are b paragraph 5 LFG to attract specific forecast date (plan scenario).
4. (1) the immission threshold values pursuant to section 2 are exceeded, are related impairments of neighbors to the provision against by the project (§ 19 ABS. 1 Z 1 EIA-G 2000) soundproofing measures referred to in paragraph 2 for premises that serve at least mostly living or sleeping purposes, to carry out. These measures are to put that at the time of the announcement in accordance with § 9 EIA-G 2000 a final building permit exists for those units.
(2) which has 2000 competent authority for approval in accordance with the EIA-G to prescribe the following noise protection measures in the civil airport owner as far as existing Windows and doors provide insufficient protection: 1 LAeq day > 62 DB (a) or from 1 January 2015: LAeq day > 60 DB (a) outside level: replacement of existing Windows and doors against sound-insulating Windows and doors in premises which are mostly living or sleeping purposes , 2. LAeq night > 52 dB(A) or from 1 January 2015: LAeqNacht > 50 dB(A) or LAmax more often than 6 times 68 dB(A) outside level: installation of sound insulation fans in rooms specific to sleep without replacing existing Windows, 3. LAeqNacht > 62 DB (a) or from 1 January 2015: LAeqNacht > 60 dB(A) outside level: Exchange of existing window against soundproof windows in combination with sound insulation fans in rooms for sleeping. Where appropriate, box window or retrofitting existing window with window attachment shells (absorbing covering the window jambs) and additional glazing in combination with sound insulation fans in rooms for sleeping, as well as sound-technical improvement of external components (in particular roofs).
These measures are carried out by the civilian airport owner's expense.
(3) the civil airport owner must inform the owner or otherwise authorized by the intended implementation of the noise protection measures referred to in paragraph 2. Entitlement implementation will be preserved for the owner or otherwise entitled to for 36 months. The neighbor is denied the consent of the owner or otherwise entitled to carry out the noise protection measures referred to in paragraph 2 or at most required to obtain for permits or refund any required viewing, to treat as if the action had been used.
(4) the owner or otherwise authorized are entitled to a one-time performance of noise protection measures referred to in paragraph 2. Maintenance and preservation of the built-in noise protection measures is the owner or otherwise entitled at his own expense.
§ 5. Agreements concluded by the civil airport owner that immission threshold values other than section 2 and/or § 4 par. 2 establish different sound insulation measures and respect lay down no worse standard of protection, as well as the enforceability of any consequent civil claims shall remain unaffected. As far as these agreements have been fulfilled, the measures prescribed pursuant to § 4 paragraph 2 is considered to be used.
Linguistic equal treatment
§ 6. So far as the terms used in this regulation relate to natural persons, the selected form applies to both sexes. In the application of these terms to certain natural persons the respective gender-specific form is to use.
Entry into force
§ 7. This Regulation shall enter into force 1 November 2012.
§ 8. For projects for which until the expiry of the 31 October 2013 a request in accordance with § 5 2000 is tabled EIA-G, which is only in section 3 called computation of aircraft noise emissions to the ECAC doc. Lol 29, 3rd Edition, edition of December 7, 2005, a calculation according to ÖAL Directive No. 24 journal 1 point 7 (Edition January 2004) for the entire year allowed.