364. Regulation of the Federal Minister for Transport, Innovation and Technology on noise emission protection measures in the field of air transport (air traffic noise emission protection regulation-Lunoise IV)

On the basis of § 62 (4) and § 145b of the Aviation Act, BGBl. N ° 253/1957, as last amended by the Federal Law BGBl. I n ° 77/2012, is to be arranged in agreement with the Federal Minister for Agriculture, Forestry, Environment and Water Management:

Scope

§ 1. (1) This Regulation shall lay down rules relating to sound emissions caused by projects which:

1.		Airports according to § 64 of the Aviation Act-LFG, BGBl. No 253/1957, as amended, or military airfields, which are used for civil aviation purposes in accordance with Article 62 (3) of the LFG, and
2.		an authorisation under the Environmental Impact Assessment Act 2000-UVP-G 2000, BGBl. No 697/1993, as amended in each case,
.

(2) Within the scope of this Regulation, in the case of military airfields, which are used for civil aviation purposes in accordance with Section 62 (3) of the LFG, the holder of the authorization shall be replaced by the holder of the authorization pursuant to Section 62 of the LFG.

(3) This Regulation does not release any other measures to reduce the impact of aircraft noise, in particular those taking into account the aircraft noise situation, to be carried out in accordance with the balanced approach, and Area dedicated to countries in the vicinity of airports.

Emission thresholds for aircraft noise

§ 2. The following immission thresholds shall apply to the assessment of the unreasonable annoyance of the neighbours caused by the operation of aircraft noise:

1.	Day:	Application deadline until 31 December 2014:	L Aeq Day	=	62 dB (A) external level,
		Application from 1. Jänner 2015:	L Aeq Day	=	60 dB (A) External level
2.	Night:	Application deadline until 31 December 2014:	L Aeq Night	=	52 dB (A) External level
			L Amax	=	6-times 68 dB (A) external level
		Application from 1. Jänner 2015	L Aeq Night	=	50 dB (A) External level
			L Amax	=	6-times 68 dB (A) external level.

Determination of noise pollution

§ 3. (1) The determination of the noise exposure shall be as follows:

1.		L Aeq Day the A-rated energy-equivalent permanent sound level according to ISO 1996-2 is 2007, with the assessment period being one year and the provisions in each case between 06:00 and 22:00 (§ 2 Z 1);
2.		L Aeq Night the A-rated energy-equivalent permanent sound level according to ISO 1996-2 is 2007, with the assessment period being one year and the provisions in each case between 22:00 and 06:00 (§ 2 Z 2);
3.		L Amax is the A-weighted maximum level.
The values are according to the ECAC Doc. No. 29, 3. edition, issue of 7 December 2005, to be calculated for the whole year, provided that only the specific immission of aircraft noise is relevant and that other sources of sound are not taken into account and that the calculated immission is Residential buildings to be applied to 4 metres above the ground. A level difference of 15 dB (A) applies between the inside and the outside. If all the sound levels determined for a plot of land are below the immission threshold values, they shall, in any event, be deemed to be complied with for the residential building located on the property.

(2) Immissions emanating from aircraft in the military or police service or in the execution of rescue flights shall be disregarded for the calculation of the noise indices.

(3) For the calculation of aircraft noise emissions, the approved current status at the forecast point in time (zero scenario) and the condition changed by the project shall be used for the forecast time (plan scenario) as defined in accordance with § 145b (5) LFG.

Object-side measures

§ 4. (1) If the immission threshold values are exceeded in accordance with § 2, sound protection measures pursuant to para. 2 for premises, which are at least at least, shall be the prevention of any adverse effects on the project due to the project (§ 19 para. 1 Z 1 UVP-G 2000). are mostly for living or sleeping purposes. These measures shall be used in the case of those housing units for which a final building permit is available at the time of the customer's presentation in accordance with § 9 UVP-G 2000.

(2) The authority responsible for issuing the authorisation in accordance with the UVP-G 2000 shall require the civil aircraft holder to carry out the following sound protection measures to the extent that existing windows and doors do not provide adequate protection:

1.		L Aeq day > 62 dB (A) or from 1. Jänner 2015: L Aeq day > 60 dB (A) External level: exchange of existing windows and doors against soundproof windows and doors in rooms mainly used for living or sleeping purposes,
2.		L Aeq night > 52 dB (A) or from 1. Jänner 2015: L Aeq Night > 50 dB (A) or L Amax more than 6 times 68 dB (A) External level: installation of sound insulation fans in rooms intended for sleep without replacement of existing windows,
3.		L Aeq Night > 62 dB (A) or from 1. Jänner 2015: L Aeq Night > 60 dB (A) External level: Exchange of existing windows against soundproof windows in combination with sound insulation fans in rooms intended for sleep. If necessary, box windows or retrofitting of existing windows with window attachment shells (absorbent lining of the window panels) and additional glazing in combination with sound insulating fans in rooms intended for sleeping, as well as sound technical improvement of the external components (in particular roofs).
These measures shall be carried out by the civil aircraft holder at its own expense.

(3) The civil aerodrome holder shall inform the owner or otherwise entitled to the intended implementation of the sound protection measures in accordance with paragraph 2. The right to implementation shall remain for the owner or otherwise entitled for 36 months. If the consent of the owner or the other person entitled to perform the sound protection measures referred to in paragraph 2 or for the purpose of obtaining any necessary authorisations or for the reimbursement of any required advertisements, , the neighbour is to be treated as if the measures had been set.

(4) The owner or otherwise entitled shall be entitled to a one-off take-over of the sound protection measures in accordance with paragraph 2. The maintenance and maintenance of the installed sound-protection measures shall be the responsibility of the owner or otherwise entitled to the right at his own expense.

Agreements

§ 5. Agreements concluded by the civil aircraft holder, which define noise protection measures deviating from § 2 and/or deviating from § 4 (2), and do not provide for a poorer standard of protection, as well as the enforceability any subsequent civil claims shall remain unaffected. Insofar as these agreements have been fulfilled, the measures prescribed in accordance with section 4 (2) shall be deemed to have been set.

Linguistic equality

§ 6. In so far as the names used in this Regulation refer to natural persons, the chosen form shall apply to both sexes. The use of these designations for certain natural persons shall be based on the gender-specific form.

entry into force

§ 7. This Regulation shall enter into force on 1 November 2012.

Transitional provision

§ 8. For projects, for which up to the end of the 31. An application pursuant to § 5 UVP-G 2000 has been submitted in place of the calculation of the aircraft noise emissions according to the ECAC Doc, as referred to in § 3. No. 29, 3. Edition of 7 December 2005, a calculation according to the ÖAL Directive N ° 24 sheet 1 point 7 (January 2004 edition) valid for the whole year.

Bures