Amend The Environmental Compatibility Verification Act 2000 And The Aviation Act

Original Language Title: Änderung des Umweltverträglichkeitsprüfungsgesetzes 2000 und des Luftfahrtgesetzes

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77. Federal law that modifies the environmental compatibility verification Act 2000 and the aviation law

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. 51/2012, is amended as follows:

1. in article 3, par. 2, 4, and 4a respectively the following sentence is added:

"Eliminates the individual assessment if the project applicant / candidate of the project for the implementation of an environmental impact assessment."

2. paragraph 3 section 7:

"(7) the authority shall on request project affiliate / the project holding an authority acting with or the environmental lawyer to determine whether making is for a project an environmental impact assessment according to this federal law and what facts of annex 1 or Article 3a para 1 to 3 is carried out by the project. This statement can be done also by virtue. The project applicant / the project candidate has to submit documents to the authority which are sufficient for the identification of the project and the assessment of its environmental impact. The authority shall carry out an individual assessment under this Federal Act, so she has is with regard to test depth and to limit inspection scope to a rough test. The decision is to meet in first and second instance each of six weeks with notice. The project applicant / candidate of the project, the environmental lawyer and the site community have party status. Before deciding, the co-operating authorities and the water planning authority are to listen. The decision is to be published by the authority in an appropriate form and the decision anyway, for public reference to lay on and on the Internet site of the EIA authority on the proclamations of the municipality in accordance with § 9 para  4 are made to publish; the decision is to provide download for six weeks. The municipality may bring complaint to the administrative court against the decision. The environmental advocate and the co-operating authorities are exempt from the obligation to the replacement of cash expenses."

3. According to article 3, paragraph 7, the following paragraph 7a is inserted:

"(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 make an application on verification of compliance with rules relating to the EIA-obligation to the Environmental Council. The request is within four weeks of the date of publication of the notification in the Internet in writing the authority to introduce. As of the date of publication in the Internet one is in accordance with § 19 para  7 to provide insight in the procedural act to the approval procedure recognized environmental organization. The request is to specify what rules considers the recognized environmental organization by the decision as injured and on what grounds is this assertion based. The exercise of this right of application is the local admission area designated in the recognition decision in accordance with article 19, paragraph 7. For the decision of the Environmental Tribunal on this request, section 66 applies AVG with the proviso that instead of calling the request for review shall. The Environmental Council has the decision on this application six weeks later by a decision to make. The project applicant / the project candidate has party status in the review process."

4. § 3a paragraph 4 reads:

"(4) in determining in a particular case, the authority shall take into account Z 1-3 listed criteria in section 3, subsection 4. Section 3, paragraph 7 shall apply. The individual assessment referred to in paragraph 1 is not valid for Z 2, para. 2, 3 and 6, the project applicant / candidate of the project for the implementation of an environmental impact assessment."

5. in section 5, paragraph 2 a second sentence is added:

"The authority can specify that certain information and documents which are not necessary for the assessment of the environmental effects, only can be submitted to at a later stage."

6 paragraph 17 para 3:

"(3) for projects of Z 9 to 11 and 16 of annex Z the criteria to apply article 24f paragraph 1 and 2 are 1 in place of para 2. The same applies to projects of Z 14, unless they affect airports pursuant to article 64 of the Aviation Act, Federal Law Gazette No. 253/1957, for these projects the Z 14, as well as for projects of Z 9 to 11 of annex 1 the provisions of § 24f are also to apply paragraph 15 sentences 1 and 2, as well as the provisions of the railway expropriation compensation."

7 paragraph 17 paragraph 9:

"(9) the permit has real impact. Permit notifications regarding the Z 18 of annex 1 have binding effect in procedures for approving execution projects after the fact applicable regulations."

8 10 the following paragraph is added to. in article 17:

"(10) permit notifications can be changed b relating to projects of the Z 18 of annex 1 to its execution according to the provisions of section 18. Changes in the meaning of § 18b are only changes of land use or of the gross floor area relating to projects of the Z 18 of annex 1, the extent of infiltration areas, the number and spatial distribution of vehicle location, the building's heights, the type of use and the spatial distribution of the total quotas (gross floor area and percentage shares of the types of use), energy supply, traffic and development system, as well as the system of waste and sewage disposal ", as far as the adverse impact on the protection on the basis of scale of assessment in the EIA procedures carried out are expected."

9 the following sentence is added to § 20 paragraph 6:

"For projects of Z 18 of annex 1 is not testing."

10 the following paragraph is the section 21  5 added:

"(5) on the project of the Z 18 lit. b of annex 1 paragraphs 1 to 4 do not apply. With legal force of the permit notification for projects of Z 18 lit. b of annex 1 is responsible for the enforcement and monitoring of the permit notification to the authorities, which are responsible under the regulations according to their area of influence for the approval of projects. The changes within the meaning of article 18 referred to in § 17 paragraph 10 b continue to the authority pursuant to § 39 para 1."

11 paragraph 24 paragraph 1:

"(1) If a project in accordance with § 23a or section 23 is to undergo b of an environmental impact assessment, the Federal Minister / the Federal Minister for transport has, making environmental impact assessment and a partially concentrated approval process innovation and technology. This approval procedure are to carry all of the Federal Government, to apply necessary material approval provisions for the execution of the project, even if they fall into the own sphere of competence of the communities. The Governor can be entrusted wholly or partly with the implementation of the environmental impact assessment, the partially concentrated approval procedure and the decision, if this is located in the interest of expediency, quickness, simplicity and cost savings."

12 paragraph 24 para 3:

"(3) the State Government has making a partially concentrated approval process, where of the country about Executive, required for the execution of the project approval policy, apply also to the extent that they fall within the own sphere of competence of the community, has it all. The district administrative authority may be entrusted wholly or partly with the implementation of the partially concentrated approval procedure and the decision, if this is located in the interest of expediency, quickness, simplicity and cost savings."

13. in article 24, paragraph 4; eliminates Paragraph 3a is labeled (4).

14 § 24 para 5 penultimate sentence reads:

"The decision is to be published by the authority in an appropriate form and the decision anyway, for public reference to lay on and on the Internet site of the EIA authority on the proclamations of the municipality in accordance with § 9 para"  4 are made to publish; the decision is to provide download for six weeks."

15. in article 24, according to paragraph 5, the following paragraph 5a is inserted:

"(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 raise a complaint to the administrative court within six weeks from the date of publication of the notification in the Internet to maintain compliance with regulations of the EIA-obligation. As of the date of publication in the Internet one is in accordance with § 19 para  7 to provide insight in the procedural act to the approval procedure recognized environmental organization. The exercise of this right of local admission area designated in the recognition decision according to § 19 section 7 is determined."

16 paragraph 24 paragraph 7:


"(7) in the following provisions of this section do not otherwise regulated, are to apply the procedure referred to in paragraph 1: section 2 (definitions) with the proviso that the authority counts under paragraph 3 to the co-operating authorities;" § 4 (preliminary proceedings and investor service); § 6 (environmental impact statement) with the proviso that the authority can lay down that certain information and documents, as far as aren't they needed for an assessment of the environmental impact in this stage of the procedure, to present only in a subsequent approval procedure are; § 10 para 1 to 6 and 8 (cross-border effects); Article 16, paragraph 1 and 2 (hearing)."

17. in Article 24a, paragraph 3, second sentence, is the phrase "as well as in addition to the authority after the administrative provisions for the approval pursuant to § 24 para 1 one in accordance with Section 23a or § 23B of project subject to EIA authorities" is replaced by the phrase "and the authority in accordance with § 24 para 3".

18. in section 24 of para 1 first sentence, the phrase "other authorities responsible for the issue of permits" is replaced by the phrase "the authority in accordance with § 24 para 3".

19 article 24f paragraph 2 reads:

"A much larger circle (2) is relieved in certain cases through the implementation of the project permanently subpara 2 lit of neighbors of existing transport facilities as neighbors of the project is billed, the approval requirement of paragraph 1 shall apply. (c) satisfied if the harassment of neighbors is held so low, as this can be achieved through an amount reasonable with regard to the purpose of the recoverable. There are special anti-pollution regulations, so the risk within the meaning of paragraph 1 is lit as far as no. 2. a and the reasonableness of a harassment within the meaning of para 1 subpara 2 lit. c under these regulations to judge."

20 article 24f paragraph 6 reads:

"(6) the authorities according to § 24 para 1 and 3 have paragraph 1 to 5 apply 13 and 14, as far as they are relevant to their area of effect."

21. in article 24f paragraph 7, the phrase "other authorities" is replaced by the phrase "the competent authority according to § 24 para 3".

22 paragraph 16 deleted § 24f.

23 paragraph 24 g:

"section 24 g." (1) changes to an approval granted in accordance with article 24f (article 24f paragraph 6) are before the section 24h para 3 that date using the approval requirements of section 24f allowed, if



1. they do not contradict the article 24f paragraph 1 to 5 according to the results of the environmental impact assessment and those affected by the change involved in accordance with article 19 had a chance 2. to perceive their interests.

The authority has to make necessary additions of the investigation.

(2) the authority in accordance with article 24, paragraph 1 has issuing a licence pursuant to article 24f paragraph 6 or amendments to supplement the environmental impact assessment, when this is necessary with regard to their own purposes.

(3) for projects according to § 23a shall apply in addition: Immissionsneutrale changes to adapt to the State of the art, emission-neutral changes the technical execution, as well as changes of building management with irrelevant effects are not subject to approval, if the requirements are met after article 24f paragraph 1. Article 24f paragraph 1 subpara 2 lit. a applies with regard to ownership or other rights in rem of the neighbours/neighbors also as having been observed if the neighbours/neighbors affected by the change have demonstrably agreed to this. The project applicant / candidate of the project has to catch up on the existence of the above mentioned requirements confirmation issued in exercising its powers a civil engineer or engineering offices and to submit to the authority upon request. A collection of changes made on the basis of this provision is § 24 h the notification of completion according to append paragraph 1."

24 23 the following paragraph is added to article the 46:

"(23) on projects of annex 1, which fall under the scope of this federal law for the first time, and for at the time of entry into force of the Federal Act Federal Law Gazette I no. 77/2012 a required after the administrative approval process is pending, this federal law is not applicable, if not of the project applicant / the project candidate at the provincial Government requested the implementation of the environmental impact assessment and the concentrated approval procedure or an individual assessment." Projects, for which an approval procedure I no. 77/2012 was initiated after the third section prior to the entry into force of the Federal Act Federal Law Gazette, the provisions of § 24 para 1 are 3, 3a, and 7 to apply Article 24a par. 3, and article 24f paragraph 6 and 7 in their version before entry into force of this amendment. Projects of modification, for which at the time of entry into force of the Federal Act Federal Law Gazette I no. 77/2012 an approval procedure 24 g is pending pursuant to §, is this provision as amended before the entry into force of this amendment to apply."

25 Annex is 1 Z 6 (column 2):



"a) installations for the use of wind energy with an electric total capacity of 20 Megawatts or more or with at least 20 converters with a nominal capacity of at least 0.5 MW."

26 Annex 1 Z 6 (column 3) is as follows:



"b) installations for the use of wind energy in protected areas of category A with a total power of at least 10 MW or with at least 10 converters with a nominal capacity of at least 0.5 MW."

27 annex 1 Z 18 lit. b (column 2) is as follows:



"(b) (Städtebauvorhaben3a) with a land use by at least 15 hectares and a gross floor area of more than 150 000 m2;"

28. in annex the following final sentence is added 1 Z 18 (column 3):

"When lit. b is section 3 para 2 with the proviso is to apply, that the sum of the capacities, which within the last 5 years have been approved, including the requested capacity or to attract capacity expansion."

29. in annex 1 Z 28 (column 1) is following lit. a is inserted:



"a) Hydro-mechanic breaking up ("Frac treatment") of rock strata in unconventional petroleum or natural gas;"

30. in annex 1 Z 28 (column 3) the previous entry is labeled b) and is:



"b) new construction of plants for deep drilling from 1 000 m depth in protected areas of category A; Trial and exploration drilling, unless already exempt by lit. a captured borehole mining salt, as well as the activities covered under Nos. 29 and 33."

31. in annex the following final sentence is added 1 Z 28 (column 3):

"Based on changes of lit. "a (section 3 para 3 a) is the capacity of petroleum or natural gas in tonnes or cubic metres."

32. Annex 1 Z 30 (column 1) is as follows:



"a) hydroelectric (dams, Flussstaue, rejectors) with a bottleneck capacity of 15 Megawatts or more;

b) hydroelectric power plants (dams, Flussstaue, rejectors) with a bottleneck capacity of 10 Megawatts or more, if the rear storage length, calculated on the basis of medium flow (MQ), 20 times the width of the water, measured in the axis of the fortress, reached;

c) hydroelectric power plants (dams, Flussstaue, rejectors) in power plant chain. Power plant chain is a sequence of two or more water turbines with a bottleneck capacity of at least 2 MW without sufficient Mindestabstand7) between the fortifications in the fish habitat.

Technical measures for improving the bottleneck capacity or other efficiency at existing plants, which have no effect on the rest of the water line, the first Knight of the subject or the length of storage space in due to an increase of the storage target, as well as all the measures carried out to produce the consistency are excluded from Z 30.

When lit. b) and c) § 3 are not to apply paragraph 2 and section 3a, paragraph 6."

33. footnote 3a in annex 1 is as follows:

"3a city construction projects are development projects to the holistic multifunctional buildings, at least with residential and business buildings including the tracks for this purpose and utilities with a catchment area, reaching over the area of the project." City construction projects or parts thereof no longer as city construction projects apply this footnote after their execution within the meaning."

34. Note 7 in annex 1 is as follows:

"Following waters length is 7 the adequate minimum distance on the basis of the project-side water catchment area (EZG): 1 km at EZG of less 10 km ², 2 km at EZG of 10-50 km ², 3 km at EZG 51-100 km2, 4 km at EZG 101-500 km2, 5 km at EZG 501-1 000 km², 10 km from 1 001 km² EZG."

Article 2

Amendment to the aviation law

The Aviation Act, Federal Law Gazette No. 253/1957, as last amended by the budget bill 2011, Federal Law Gazette I no. 111/2010, is amended as follows:

1. in article 145, the following paragraph 6 is attached b:


"(6) for projects referred to in paragraph 1 lit can in addition to article 97. (a) for the establishment or modification of airports and related ground facilities as well as the permanent or temporary assignment, restriction and abolition of REM or compulsory rights (in particular use and stock rights) in such way are taken the expropriation claim ownership of real estate. In particular, you for the investment deposit creation, access roads, as well as the land necessary for the maintenance of traffic relations can be purchased for these purposes through expropriation. The sections 98 and 99 are to be applied."

2. in paragraph 173, 35 the following paragraph shall beadded:

"(35) § I 77/2012 No. 145 b paragraph 6 in the version of Federal Law Gazette at the end of the day of the announcement of the Federal Act into force and applies for which 31.12.2022 be submitted at the latest."

Fischer

Faymann