Ban On The Geological Storage Of Carbon Dioxide, As Well As Change The Environmental Compatibility Verification Act 2000, The Federal Environmental Liability Act, The Gewo 1994, As Well As The Miner...

Original Language Title: Verbot der geologischen Speicherung von Kohlenstoffdioxid sowie Änderung des Umweltverträglichkeitsprüfungsgesetzes 2000, des Bundes-Umwelthaftungsgesetzes, der Gewerbeordnung 1994 sowie des Miner...

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997814/verbot-der-geologischen-speicherung-von-kohlenstoffdioxid-sowie-nderung-des-umweltvertrglichkeitsprfungsgesetzes-2000%252c-des-bundes-umwelthaftungsgese.html

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144. Federal law, with the passing of a federal law prohibiting the geological storage of carbon dioxide and the environmental compatibility verification Act 2000, the federal environmental liability Act, the GewO 1994, as well as the mineral commodity law be changed

The National Council has decided:

Article 1

Federal law on the ban on the geological storage of carbon dioxide

Definitions

§ 1. The meaning of this Federal Act 1 'exploration' means assessing potential storage complexes for the purpose of geological storage of carbon dioxide by interfering with the underground holes with geological data to be collected about the stratification of the potential storage complex, and, where appropriate, the performing injection tests to the characterisation of the storage site and 2 'geological storage of carbon dioxide"injection and behälterlose storage of carbon dioxide streams in geological structures.

Prohibition of storage

2. (1) in the Federal territory are prohibited: 1. exploration and 2. the geological storage of carbon dioxide.

(2) section 1 is not 1 for the exploration for research purposes or for the development or testing of new products or processes and 2 for the geological storage of carbon dioxide with a planned total storage capacity of less than 100 000 tonnes for the purposes referred to in subpara 1.

Injection tests are performed in the course of exploration for research purposes, the injected quantity during the subsequent geological storage for research purposes is to be.

Geological storage research

§ 3. For the activities referred to in section 2 paragraph 2 is the approval of the Confederation as owner of the hydrocarbons and the cavities of the hydrocarbon carrier, unless they relate to hydrocarbon leading geological structures, (§ 4 par. 2 of the mineral raw materials Act, Federal Law Gazette I no. 38/1999, in the currently valid version) required.

Evaluation

4. (1) has the Federal Government until 31 December 2018 and thereafter at intervals of five years each to submit a report on the evaluation of the prohibition pursuant to article 2, in particular the international experience of the National Council. The proposal for the report by the Federal Ministry of economy, youth and family in agreement with the Federal Minister of agriculture and forestry is to create environmental and water management, as well as the Federal Ministry of transport, innovation and technology.

(2) if the need for legislative measures resulting from the evaluation report, the Federal Government has designs on a proposal of the Federal Ministry of economy, youth and family in agreement with the Federal Minister of agriculture and forestry, to present environmental and water management together with the report to the National Council.

Criminal provisions

§ 5. Who contravenes the prohibition referred to in article 2, paragraph 1, commits an administrative offence and is by the Federal Minister of economy to punish family and youth with a fine up to 35 000 euro.

Enforcement

Section 6 (1) with the execution of this Federal Act is, as far as nothing else is determined in para 2, entrusted to the Federal Minister of economy, family and youth. The decision on the approval of the Federal Government is this according to § 3.

(2) the enforcement of § 4 para 1 is the responsibility of the Federal Government on the proposal of the Federal Ministry of economy, family and youth in agreement with the Federal Minister of agriculture and forestry, environment and water management, as well as the Federal Ministry of transport, innovation and technology. Enforcement of section 4 paragraph 2 is the responsibility of the Federal Government on the proposal of the Federal Ministry of economy, family and youth in agreement with the Federal Minister of agriculture and forestry, environment and water management.

Gender-neutral terms

§ 7. The name of the function used in this federal law are gender-neutral.

Reference to European Union law

§ 8. By this federal law are provisions of Directive 2009/31/EC on the geological storage of carbon dioxide, OJ L 140 of the 05.06.09 S. 114-135, implemented.

Article 2

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. 87/2009 is amended as follows:

1. paragraph 1 paragraph 2:

85/337/EEC on environmental impact assessment of certain public and private projects, OJ "(2) by this federal law is the policy No L 175 of the 05.06.1985 p. 40, as last amended by Directive 2009/31/EC on the geological storage of carbon dioxide and amending Directive 85/337/EEC, OJ No. L 140 of the 05.06.2009 implemented S. 114,."

2. in article 46, the following new paragraph 21 is attached:

"(21) § 1 paragraph 2 and annex 1 No. 4 lit. b and c, Z 13 lit. to d conclusion, Z 29a and Z 89 as amended by Federal Law Gazette I no. 144/2011 b at the end of the day of the announcement of the Federal Act into force."

3. in annex 1 Z 4 (column 1) is following lit. b was inserted and the existing lit. b (column 3) is to be lit. c: "b) systems for the capture of carbon dioxide streams for the purposes of geological storage from installations in accordance with letter. a or facilities with an annual carbon dioxide capture of at least 1.5 million t;"

4. in annex 1 Z 13 (column 1) is following lit. b was inserted and the existing lit. b (column 3) is to be lit. c: "b) pipelines for the transport of carbon dioxide streams for the purposes of geological storage with an internal diameter of at least 300 mm and a length of at least 40 km;"

5. in annex 1 Z 13 (column 3) now lit. c is replaced at the end of the point by a semi-colon and following lit. d together with the final sentence added: "d) pipelines in protected areas of categories A and C for the transportation of carbon dioxide streams for the purposes of geological storage with an internal diameter of at least 150 mm and a length of at least 25 km."

Calculation basis for changes (§ 3a paragraph 2 and 3) the lit. a to d is the line length; Z 13 captured also compressor stations."

6. in annex 1 (column 1), 29 following Z 29a is inserted after Z: "29a.
Storage sites for the geological storage of carbon dioxide, unless by the Federal law on the ban on the geological storage of carbon dioxide, Federal Law Gazette I no. 144/2011, prohibited. Storage sites are excluded with a planned total storage capacity of less than 100 000 tonnes for research purposes or for the development or testing of new products and processes."

7. in annex 1 (column 2) the Z 89 is attached to Z 88: "89. installations for the capture of carbon dioxide streams for the purposes of geological storage from industrial installations, as far as not under no. 4 included, with an annual carbon dioxide capture of at least 750 000 t."

Article 3

Amendment of the federal environmental liability Act

The federal environmental liability Act, Federal Law Gazette I no. 55/2009 is amended as follows:

1. in article 2, paragraph 1 Z 2, the expression is "annex 1 Z 1 to 11" by the expression "annex 1 Z 1 to 11 and Z 15" replaced.

2. in article 2, paragraph 3 is replaced "Union law" "community" by the word.

3. in article 8, par. 5, second sentence is replaced by the phrase "the successor" the phrase "the assignee".

4. in section 10, paragraph 2 and article 15, the phrase 'Commission of the European Communities' is replaced by the phrase 'European Commission'.

5. paragraph 19 together with the heading:

"Referring to Union law

§ 19. By this federal law, Directive 2004/35/EC on environmental liability is to the prevention and remedying of environmental damage, OJ No. L 143 of 30 April 2004, p. 56, as amended by Directive 2006/21/EC on the management of waste from extractive industries and amending Directive 2004/35/EC, OJ No. L 102 of April 11, 2006, p. 15 and directive 2009/31/EC on the geological storage of carbon dioxide, OJ No. L 140 of June 5, 2009, S. 114, into Austrian law implemented."

6. Annex 1 Z 1 first sentence reads:

"The operation of systems, the integrated prevention and reduction of environmental pollution, OJ in annex I to the Directive 2008/1/EC on the No. L 24 of 29 January 2008, p. 8, are called and a consent or permit after federal regulations require, as in particular pursuant to § 77a iVm system 3 of the Gewerbeordnung (GewO 1994), BGBl. No. 194, 1994 in conjunction with article 37, paragraph 1 Annex 5 of the waste management act of 2002 (AWG 2002), Federal Law Gazette I no. 102, section 121 and section 121f, paragraph 1, of the mineral raw materials Act (MinroG), Federal Law Gazette I no. 38 / 1999 ", Article 5 par. 3 of the emission protection law for boiler plants (EC-K), Federal Law Gazette I no. 150/2004."

7. Annex 1 Z 6 second indent is:



„-



Plant protection products in the sense of article 2 paragraph 1 of Regulation (EC) No 1107/2009 concerning the placing of plant protection products and repealing directives 79/117/EEC and 91/414/EEC of the Council, OJ No.  "L 309, November 24, 2009, p. 1, and" 8 Annex 1 Z 12 is: "12.

The operation of systems, the integrated prevention and reduction of environmental pollution, OJ in annex I to the Directive 2008/1/EC on the No. L 24 of 29 January 2008, p. 8, are called and according to national regulations require a permit or approval."

9. in annex 1, 14 following Z 15 is attached to Z: "15.
The operation of storage sites pursuant to Directive 2009/31/EC on the geological storage of carbon dioxide, OJ No. L 140 of June 5, 2009, pp. 114."

Article 4

Change of the Gewerbeordnung 1994

The Gewerbeordnung 1994 - GewO 1994, BGBl. No. 194, as last amended by Federal Law Gazette I no. 111/2010, is amended as follows:

1 following table row is added of Appendix 3:





6.8



Capture of CO2 streams from this plant installations covered by IPPC - operation for the purposes of geological storage pursuant to Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide



0"

2. the section 382 append following paragraphs 48 and 49:

"(48) by the Federal Act Federal Law Gazette I no. 144/2011 is the directive 2009/31/EC on the geological storage of carbon dioxide, OJ L 140 of the 05.06.09 S. 114-135, implemented.

(49) Appendix 3 Z 6.8 in the version of Federal Law Gazette I no. 144/2011 at the end of the day of the announcement in the Federal Law Gazette into force."

Article 5

Amendment of the mineral raw materials Act

The mineral raw material act, Federal Law Gazette I no. 38/1999, as last amended by Federal Law Gazette I no. 111/2010, is amended as follows:

1. According to § 121, the following section 121f is inserted:

"§ 121f. (1) are sections 121 to 121 to apply schemes within the meaning of § 121 paragraph 1 for the purposes of geological storage for the capture of carbon dioxide flows out.

(2) section 1 does not apply plants or plant parts that are used for the purpose of research, development and testing of new products and processes, in particular in the laboratory or pilot plant scale,."

1A in section 223 shall be inserted after paragraph 17 of the following paragraph 17a:

"(17a) existing landfills, where until the entry into force of the Federal Act Federal Law Gazette I no. 144/2011 more than 80% were deposited mining wastes and landfill operators is a mining-entitled, subject to this federal law as waste disposal facilities, unless the consensus on mining waste is restricted. Furthermore already closed and into decommissioning or aftercare landfills considered waste disposal plants, if more than 80% of mining wastes have been deposited and the landfill operators was a legitimate mining. The mining person entitled has credibly to make what wastes have been deposited within the framework of its duty to cooperate. Upon entry into force of the Federal Act Federal Law Gazette I no. pending cases relating to landfill sites referred to in the first sentence are 144/2011 under the existing legislation by the authorities so far to finish."

2. § 223 following paragraphs shall be added:

"(23) section 121f of amended by Federal Law Gazette I occur no. 144/2011 at the end of the day of the announcement of this federal law into force.

(24) by section 121f as amended by Federal Law Gazette I no. 144/2011 are provisions of Directive 2008/1/EC on the integrated prevention and reduction of environmental pollution, OJ L 24 of January 29, 2008 p. 8-29, last modified by the directive 2009/31/EC on the geological storage of carbon dioxide, OJ L 140 of the 05.06.09 implemented S. 114-135,."

Fischer

Faymann