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 Act amending the Environmental Impact Assessment Act 2000 and the Aviation Act

The National Council has decided:

Article 1

Amendment of the Environmental Impact Assessment Act 2000

The Federal Act on Environmental Impact Assessment (Environmental Impact Assessment Act 2000), BGBl. N ° 697/1993, as last amended by the Federal Law BGBl. I No 51/2012, shall be amended as follows:

1. In Article 3 (2), (4) and (4a), the following sentence shall be added:

"The case-by-case examination shall not be carried out if the project advertiser or the project shipyard requests the implementation of an environmental impact assessment."

2. § 3 (7) reads:

' (7) The Authority shall, at the request of the project advertiser, a co-operating authority or the environmental lawyer, determine whether an environmental impact assessment is to be carried out under this Federal Act and which The project will be implemented in the event of the project's existence or § 3a (1) to (3). This statement may also be made on its own account. The project manager shall submit documents to the Authority which shall be sufficient to identify the project and to assess its environmental impact. If the authority has to carry out a case-by-case examination in accordance with this federal law, it must confine itself to a rough test with regard to test depth and scope of testing. The decision shall be made in the first and second instance within six weeks. The project shipyard, the environmental lawyer and the local community have a party position. Prior to the decision, the co-acting authorities and the water management planning body must be heard. The decision shall be made available by the Authority in an appropriate form and shall, in any event, be made public for public inspection and shall be published on the website of the UVP Authority, which shall be made available to the public in accordance with Article 9 (4) of this Directive; the Notice is to be provided as a download for six weeks. The municipality may lodge an appeal against the decision to the Administrative Court. The environmental lawyer and the co-acting authorities are exempt from the obligation to replace cash outlays. "

3. According to Article 3 (7), the following paragraph 7a is inserted:

" (7a) If the Authority finds, in accordance with paragraph 7, that no environmental impact assessment is to be carried out under this Federal Act, an environmental organisation recognised in accordance with Section 19 (7) shall be entitled to submit a request for review of the To comply with regulations on EIA duty to the environmental senate. The application shall be submitted in writing to the Authority within four weeks from the date of publication of the complaint on the Internet. From the date of publication on the Internet, an environmental organisation recognised in accordance with section 19 (7) shall be granted access to the procedural act for the arrest procedure. The application shall state which rules the recognised environmental organisation deems to be infringed by the decision and on what grounds this claim is based. For the exercise of this right of application, the local registration area designated in the notice of recognition in accordance with § 19 (7) shall be decisive. § 66 AVG shall apply to the decision of the Environment Council on this application, with the proviso that the application shall be reviewed instead of the appeal. The Environment Senate has decided to take a decision on this application within six weeks. The project advertiser/project werberin has party status in the review process. "

4. § 3a (4) reads:

" (4) In the case of the determination in individual cases, the Authority shall take into account the criteria listed in Section 3 (4) (1) to (3). § 3 (7) shall apply. The case-by-case examination referred to in paragraph 1 (2), (2), (2), (3) and (6) shall not apply if the project advertiser applies to carry out an environmental impact assessment. "

5. A second sentence is added to Article 5 (2):

"The Authority may stipulate that certain particulars and documents which are not necessary for the assessment of the environmental impact can only be submitted at a later stage of the procedure."

6. § 17 (3) reads:

" (3) For projects of Z 9 to 11 and Z 16 of Anhange 1, the criteria of section 24f (1) and (2) shall apply in place of paragraph 2. The same applies to projects of Z 14, provided that they are airports in accordance with § 64 of the Aviation Act, BGBl. No 253/1957, the provisions of Section 24f (15) sentences 1 and 2 as well as the provisions of the Railway Enpropriation Compensation Act must also be applied to these projects of Z 14 as well as for projects of Z 9 to 11 of Anhange 1. "

7. § 17 (9) reads:

" (9) The notice of approval shall have an effect in rem. Approval notices relating to projects relating to Z 18 of Anhange 1 shall have binding effect in procedures for the approval of execution projects in accordance with the administrative provisions to be followed. "

8. The following paragraph 10 is added to § 17:

" (10) Approval notices relating to projects of the Z 18 of the Anhange 1 may be amended in accordance with the provisions of Section 18b until they are executed. Changes within the meaning of Section 18b concerning projects of the Z 18 of the Anhange 1 are only changes in the land use or the gross floor area, the extent of the leaching areas, the number and spatial distribution of the motor vehicle parking spaces, the building heights, the type of use and the spatial distribution of the total contingents (gross floor area, including percentage shares of the uses), the energy supply, the transport and development system and the system of waste, and Disposal of waste water, in so far as the assessment scale is based on the the EIA procedure is likely to have an adverse effect on the protection of the protected goods. "

9. The following sentence shall be added to Article 20 (6):

"No acceptance test shall be carried out for projects of Z 18 of Anhange 1."

10. The following paragraph 5 is added to § 21:

" (5) On projects of Z 18 lit. b of Annex 1, paragraphs 1 to 4 shall not apply. With the legal force of the approval certificate for projects of the Z 18 lit. (b) the responsibility for the enforcement and supervision of the approval certificate shall be transferred to the authorities responsible for the approval of the execution projects in accordance with the administrative provisions laid down in Annex 1. The Authority shall remain responsible for the amendments referred to in Article 17 (10) in accordance with Section 39 (1). "

11. § 24 (1) reads:

" (1) If a project is to be subject to an environmental impact assessment in accordance with § 23a or § 23b, the Federal Minister of Transport, Innovation and Technology has the environmental impact assessment and a partial concentration Authorisation procedure. In this authorisation procedure, all the material approval provisions to be implemented by the Federal Government and necessary for the implementation of the project are to be applied, even as far as they fall within the scope of the municipalities ' own sphere of action. The Governor of the State may be entrusted with the implementation of the environmental risk assessment, the partially concentrated authorisation procedure and the decision in whole or in part, if this is in the interests of expediency, purity, simplicity and Cost savings. "

12. § 24 (3) reads:

" (3) The provincial government shall carry out a partially concentrated authorisation procedure in which it shall have all the approval provisions to be carried out by the country and necessary for the implementation of the project, including those in its own sphere of effect of the congregation. The district administration authority may be entrusted with the implementation of the partially concentrated authorisation procedure and the decision in whole or in part if it is in the interests of convenience, purity, simplicity and cost savings is. "

13. In § 24, paragraph 4 of this article shall be replaced by the term " "(4)" .

14. § 24 (5) penultimate sentence reads:

" The decision shall be made available by the Authority in an appropriate form and shall, in any event, be made public for public inspection and published on the website of the UVP Authority, which shall be made available to the public in accordance with Article 9 (4) of this Directive; the Communication is to be provided as a download for six weeks. "

15. In § 24, the following paragraph 5a is inserted after paragraph 5:

" (5a) If the Authority finds, in accordance with paragraph 5, that no environmental impact assessment is to be carried out under this Federal Act, an environmental organisation recognised in accordance with Section 19 (7) shall be entitled to take part within six weeks from the date of the date of the Publication of the complaint on the Internet to make a complaint to the Administrative Court in order to ensure compliance with the requirements of the EIA. From the date of publication on the Internet, an environmental organisation recognised in accordance with section 19 (7) shall be granted access to the procedural act for the arrest procedure. For the exercise of this right, the local registration area designated in the notice of recognition in accordance with section 19 (7) shall be decisive. "

16. § 24 (7) reads:

" (7) Unless otherwise specified in the following provisions of this section, the procedure referred to in paragraph 1 shall apply: § 2 (Definitions) with the proviso that the authority as set out in paragraph 3 is also part of the participating authorities; § 4 (preliminary proceedings and investor service); § 6 (Environmental Impact Statement) with the proviso that the authority can stipulate that: Certain particulars and documents, in so far as they are not necessary for an assessment of the environmental impact at this stage of the procedure, are to be submitted in a subsequent authorisation procedure; § 10 (1) to (6) and (8) (cross-border Consequences); § 16 (1) and (2) (oral proceedings). "

17. In § 24a para. 3, second sentence, the word order shall be "as well as the competent authorities in addition to the competent authority pursuant to section 24 (1), in accordance with the administrative provisions for the approval of a project responsible pursuant to Section 23a or § 23b of the EIA-liable project" through the phrase "and the Authority pursuant to Section 24 (3)" replaced.

18. In § 24b (1), first sentence, the word order shall be "the other authorities responsible for issuing authorisations" through the phrase "the Authority pursuant to Section 24 (3)" replaced.

Article 24f (2) reads as follows:

" (2) If, in individual cases, a substantially larger circle of neighbours of existing transport facilities are permanently relieved as neighbours of the project by the realization of the project, the approval requirement of paragraph 1 Z 2 lit shall apply. c is satisfied if the annoyance of the neighbors is kept as low as this can be achieved by an economically justifiable effort with a view to the achievable purpose. If there are special immission protection regulations, the danger in the sense of paragraph 1 Z 2 lit is therefore to be found. a and the reasonableness of harassment within the meaning of paragraph 1 Z 2 lit. c shall be assessed in accordance with these provisions. '

Article 24f (6) reads as follows:

"(6) The competent authorities in accordance with section 24 (1) and (3) shall apply paragraphs 1 to 5, 13 and 14, insofar as they are relevant for their scope of action."

21. In Section 24f (7), the phrase "the other competent authorities" through the phrase "the competent authority pursuant to section 24 (3)" replaced.

22. § 24f (16) shall be deleted.

23. § 24g reads:

" § 24g. (1) Changes to an authorisation granted pursuant to § 24f (6) are permissible before the date referred to in § 24h (3), subject to the approval requirements of section 24f, if:

1.

they do not object to § 24f (1) to (5) according to the results of the environmental impact assessment; and

2.

the parties affected by the amendment had the opportunity, in accordance with § 19, to exercise their interests.

The Authority shall have the necessary additions to the investigation procedure.

(2) In accordance with Section 24 (1), the Authority shall, prior to the authorisation of a permit pursuant to Section 24f (6) or its amendment, supplement the environmental impact assessment in so far as it is necessary for its purposes.

(3) In the case of projects pursuant to Section 23a, the following shall also apply: Immission-neutral changes for adaptation to the state of the art, immission-neutral changes in the technical execution as well as changes in the construction process with irrelevant effects are not shall be subject to approval if the conditions for approval pursuant to Section 24f (1) are complied with. § 24f para. 1 Z 2 lit. a is also considered to be complied with in relation to the property or other rights of the neighbors/neighbours in rem if the neighbours affected by the change have been shown to have agreed to it. The project advertiser shall, in the presence of the above conditions, obtain a confirmation from a civil engineer or engineering office issued within the scope of his/her power and shall submit it to the Authority upon request. A list of the changes made on the basis of this provision shall be added to the completion indication in accordance with Section 24h (1). "

(24) The following paragraph 23 is added to § 46:

" (23) On projects of the Anhange 1, which for the first time fall under the scope of this federal law and for which BGBl is the date of entry into force of the Federal Law. I n ° 77/2012 of an authorisation procedure required by the administrative provisions, this federal law should not be applied unless the project advertiser/project shipyard in the state government is responsible for the implementation of the Environmental impact assessment and the concentrated authorisation procedure; request a case-by-case examination. To projects for which an approval procedure under the third section prior to the entry into force of the Federal Law BGBl. The provisions of Section 24 (1), (3), (3a) and (7), Section 24a (3), and Section 24f (6) and (7) are to be applied in their version prior to the entry into force of this amendment. On change projects, for which the Federal Law BGBl will be effective. I n ° 77/2012 an authorisation procedure in accordance with Section 24g is pending, this provision shall be applied in the version before the entry into force of this amendment. "

25. Annex 1 Z 6 (column 2) is:

" (a)

Installations for the use of wind energy with a total electrical power of at least 20 MW or with at least 20 converters with a rated power of at least 0.5 MW each. "

26. Annex 1 Z 6 (column 3) is:

" (b)

Installations for the use of wind energy in protected areas of category A with a total electrical power of at least 10 MW or with at least 10 converters with a rated power of at least 0.5 MW each. "

27. Annex 1 Z 18 lit. b (column 2) is:

" (b)

Urban development projects 3a) With a land use of at least 15 ha and a gross floor area of more than 150 000 m 2 ; "

28. In Annex 1, Z 18 (column 3), the following final sentence is added:

" At lit. (b) to apply Article 3 (2) with the proviso that the sum of the capacity authorised within the last 5 years, including the requested capacity or capacity, shall apply: Capacity expansion is to be used. "

29. In Annex 1, Z 28 (column 1), the following lit. a inserted:

" (a)

Hydromechanical break-up ("Frac treatment") of rock strata in unconventional oil or natural gas deposits; "

30. In Annex 1, Z 28 (column 3), the previous entry shall be given the name "(b)" and reads:

" (b)

Re-installation of installations for deep drilling from 1 000 m depth in protected areas of category A, except for sample and exploration drilling, if not already indicated by lit. a recorded, borehole mining on salt as well as the activities covered by Z 29 and 33. "

31. In Annex 1, Z 28 (column 3), the following final sentence is added:

" Calculation basis for changes of the lit. a (§ 3a (3)) is the capacity of oil or natural gas in tonnes and/or natural gas Cubic meter. "

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

" (a)

Hydropower plants (dams, river dams, discharge lines) with a bottleneck capacity of at least 15 MW;

b)

Hydropower plants (dams, river dams, discharge lines) with a bottleneck capacity of at least 10 MW, if the return length, calculated on the basis of the average flow rate (MQ), is 20 times the width of the water, measured in the axis of the weir, reached;

c)

Hydropower plants (dams, river dams, discharge) in power plant chains. Power plant chain is a series of two or more hydropower plants with a bottleneck output of at least 2 MW each without sufficient minimum distance 7) between the fortifications in the fish habitat.

Excluded from Z 30 are technical measures to increase the bottleneck performance or to increase the efficiency of existing plants which have no effect on the residual water section, the sublieder section or the storage area length as a result of a To increase the perennials, as well as all the measures that will be carried out to make the continuity.

At lit. (b) and (c) are not to be applied to § 3 (2) and § 3a (6). "

Footnote 3a in Annex 1 reads as follows:

" 3a Urban development projects are development projects for the entire multi-functional development of buildings, in any case with residential and commercial buildings, including the development roads and supply facilities provided for this purpose, with one over the territory of the Project beyond the catchment area. Urban development projects or the parts of which shall no longer be considered as urban development projects within the meaning of this footnote. "

Footnote 7 in Annex 1 reads as follows:

" 7 As a sufficient minimum distance, the following water length is valid on the basis of the river basin (EZG): 1 km with EZG less than 10 km², 2 km with EZG from 10-50 km², 3 km with EZG from 51-100 km², 4 km with EZG from 101-500 km², 5 km with EZG of 501-1 000 km², 10 km with EZG from 1 001 km². "

Article 2

Amendment of the Aviation Act

The Aviation Act, BGBl. No 253/1957, as last amended by the Budgetaccompanying Act 2011, BGBl. I n ° 111/2010, is amended as follows:

(1) In § 145b, the following paragraph 6 is added:

" (6) For projects referred to in paragraph 1, a supplement to § 97 lit. a for the establishment or modification of airports, together with the associated ground facilities, ownership of property and the permanent or temporary granting, restriction and cancellation of rights or compulsory rights (in particular: (i) use and stock rights) to be used in the course of expropriation. In particular, it is also possible for these purposes to be acquired by expropriation of the land required for the installation of storage places, access roads and for the maintenance of the traffic relations. § § 98 and 99 shall apply. "

2. In § 173, the following paragraph 35 is added:

" (35) § 145b (6) in the version of the Federal Law BGBl. I No 77/2012 shall enter into force on the expiry of the day of the presentation of the said Federal Act and shall apply to projects submitted no later than 31.12.2022. "

Fischer

Faymann