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...

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144. Federal Law, which enacted a federal law banning the geological storage of carbon dioxide, and the Environmental Impact Assessment Act 2000, the Federal Environmental Liability Act, the Industrial Regulations 1994 and the Mineral raw materials law are amended

The National Council has decided:

Article 1

Federal Law on the Prohibition of the geological storage of carbon dioxide

Definitions

§ 1. For the purposes of this Federal Law, the term "

1.

"Exploration" means the assessment of potential storage complexes for the purpose of geological storage of carbon dioxide by interventions in the subsoil such as drilling, with which geological data on the stratification in the potential storage complex , and, where appropriate, the carrying out of injection tests to characterise the storage site and

2.

"geological storage of carbon dioxide" means the injection and tank-free storage of carbon dioxide streams in geological structures.

Prohibition of storage

§ 2. (1) In the federal territory are prohibited:

1.

the exploration and

2.

the geological storage of carbon dioxide.

(2) Paragraph 1 shall not apply

1.

for 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 Z 1.

If injection tests are carried out in the course of exploration for research purposes, then the injected quantity shall be set off for research purposes in the subsequent geological storage.

Geological storage for research purposes

§ 3. For the activities referred to in Article 2 (2), insofar as they relate to hydrocarbon-leading geological structures, the consent of the Federal Government as the owner of the hydrocarbons and the cavities of the hydrocarbon carriers (Section 4 (2) of the Mineral raw materials law, BGBl. I No 38/1999, as amended).

Evaluation

§ 4. (1) The Federal Government shall, by 31 December 2018 and thereafter at intervals of five years, submit a report on the evaluation of the prohibition in accordance with § 2, with particular regard to the international experience gained from the National Council . The proposal for the report is to be found by the Federal Minister for Economic Affairs, Youth and the Family in agreement with the Federal Minister for Agriculture, Forestry, the Environment and Water Management and the Federal Minister for Transport, Innovation and Technology create.

(2) If the evaluation report shows the necessity of legislative measures, the Federal Government has, in agreement with the Federal Minister for Economic Affairs, the Federal Minister for Economic Affairs, Youth and the Family, draft proposals to this effect. for agriculture, forestry, the environment and water management, together with the report to be submitted to the National Council.

Criminal provisions

§ 5. Those who are contrary to the prohibition in accordance with § 2 para. 1 shall be subject to an administrative surrender and shall be punished by the Federal Minister for Economic Affairs, Family and Youth with a fine of up to 35 000 euros.

Enforcement

§ 6. (1) The Federal Minister for Economic Affairs, the Family and Youth shall be responsible for the enforcement of this Federal Act, unless otherwise specified in paragraph 2. This is also the responsibility of the decision on the approval of the federal government in accordance with § 3.

(2) The Federal Government, on a proposal from the Federal Minister for Economic Affairs, Family and Youth, in agreement with the Federal Minister for Agriculture, Forestry, the Environment and Water Management and the Federal Minister for Economic Affairs, shall be responsible for the enforcement of § 4 (1). for transport, innovation and technology. The Federal Government, on a proposal from the Federal Minister for Economic Affairs, the Family and Youth, in agreement with the Federal Minister for Agriculture, Forestry, the Environment and Water Management, is responsible for the enforcement of Section 4 (2).

Gender-neutral function designations

§ 7. The function designations used in this federal law are to be understood as gender-neutral.

Reference to Union law

§ 8. This federal law provides for the provisions of Directive 2009 /31/EC on the geological storage of carbon dioxide, OJ L 327, 22.12.2009, p. OJ L 140 of 05.06.09 p. 114-135.

Article 2

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 87/2009, shall be amended as follows:

1. § 1 (2) reads:

" (2) This federal law provides for Directive 85 /337/EEC on the assessment of the effects of certain public and private projects on the environment, OJ L 175, 5.7.1985, p. No. 40, as last amended by Directive 2009 /31/EC on the geological storage of carbon dioxide and amending Directive 85 /337/EEC, OJ L 175, 5.7.1985, p. No. OJ L 140 of 05.06.2009 p. 114. "

2. In § 46 the following new paragraph 21 is added:

" (21) § 1 (2) and Annex 1 Z 4 lit. b and c, Z 13 lit. b to d together with the final sentence, Z 29a and Z 89 in the version of the Federal Law BGBl. I No 144/2011 shall enter into force with the end of the day of the presentation of the said Federal Law. "

3. In Annex 1 Z 4 (column 1) the following lit. b inserted and the previous lit. b (column 3) becomes lit. c:

" (b)

Installations for the deposition of carbon dioxide streams for the purpose of geological storage from installations according to lit. a or installations with a total annual carbon dioxide deposition of at least 1.5 million tonnes; "

4. In Annex 1, Z 13 (column 1), the following lit. b inserted and the previous lit. b (column 3) becomes lit. c:

" (b)

Pipes for the transport of carbon dioxide streams for the purpose 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) nunmehrige lit. c is replaced at the end of the point by a stroke point and the following lit. d with the final sentence added:

" (d)

Pipelines in protected areas of categories A or C for the transport of carbon dioxide streams for the purpose 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 (2) and (3)) of the lit. a to d is the line length; Z 13 also detects compressor stations. "

6. In Annex 1 (column 1) the following Z 29a is inserted after Z 29:

" 29a.

Storage sites for the geological storage of carbon dioxide, provided that they are not covered by the Federal Law on the Prohibition of the geological storage of carbon dioxide, BGBl. I No 144/2011. Excluded are storage sites with a planned total storage volume of less than 100 000 t for research purposes, or for the development or testing of new products and processes. "

7. In Annex 1 (column 2), the Z 89 is added after Z 88:

" 89.

Installations for the deposition of carbon dioxide streams for the purpose of geological storage from industrial plants, unless recorded under Z 4, with a total annual carbon dioxide deposition of at least 750 000 tonnes. "

Article 3

Amendment of the Federal Environmental Liability Act

The Federal Environmental Liability Act, BGBl. I n ° 55/2009, shall be amended as follows:

1. In § 2 para. 1 Z 2 the expression "Annex 1 Z 1 to 11" by the expression "Annex 1 Z 1 to 11 and Z 15" replaced.

2. In § 2 para. 3, the word "Community law" by the word "Union Legal" replaced.

3. In § 8 (5), second sentence, the word order shall be "the legal successor" through the phrase "the legal successor" replaced.

4. In § 10 para. 2 and § 15 the word order "Commission of the European Communities" through the phrase "European Commission" replaced.

5. § 19 together with the title is:

" Reference to Union law

§ 19. This federal law provides for Directive 2004 /35/EC on environmental liability with regard to the prevention and remedying of environmental damage, OJ L 206, 22.7.2004, p. No. 56., as amended by Directive 2006 /21/EC on the management of waste from the extractive industries and amending Directive 2004 /35/EC, OJ L 143, 30.4.2006, p. No. OJ L 102, 11 April 2006, p. 15, and the Directive 2009 /31/EC on the geological storage of carbon dioxide, OJ L 175, 5.7.2009, p. No. OJ L 140 of 5 June 2009, p. 114, transposed into Austrian law. "

6. Annex 1, Z 1, first sentence reads:

" The operation of installations listed in Annex I to Directive 2008 /1/EC concerning integrated pollution prevention and control, OJ L 327, 22.11.2008, p. No. OJ No L 24, 29. Jänner 2008, p. 8, and require approval or approval in accordance with federal regulations, as in particular in accordance with § 77a iVm annex 3 of the Industrial Code 1994 (GewO 1994), BGBl. No 194, Section 37 (1) iVm Annex 5 of the Waste Management Act 2002 (AWG 2002), BGBl. 102, § 121 and § 121f (1) of the MinroG Act (MinroG), BGBl. No 38/1999, § 5 (3) of the German Emissions Protection Act (ETS), Federal Law Gazette (BGBl). I No 150/2004. '

7. Annex 1, Z 6, second indent reads:

"-

Plant protection products within the meaning of Article 2 (1) of Regulation (EC) No 1107/2009 concerning the placing of plant protection products on the market and repealing Council Directives 79 /117/EEC and 91 /414/EEC, OJ L 327, 31.12.2009, p. No. OJ L 309, 24. November 2009, p. 1, and "

8. Annex 1 Z 12 reads as follows:

" 12.

The operation of installations listed in Annex I to Directive 2008 /1/EC concerning integrated pollution prevention and control, OJ L 327, 22.11.2008, p. No. OJ No L 24, 29. 8) and require a permit or authorisation in accordance with national law. "

9. In Annex 1, the following Z 15 is added after Z 14:

" 15.

The operation of storage sites in accordance with Directive 2009 /31/EC on the geological storage of carbon dioxide, OJ L 175, 5.7.2009, p. No. OJ No L 140, 5 June 2009, p. 114.

Article 4

Amendment of the Industrial Regulations 1994

The Industrial Order 1994-GewO 1994, BGBl. N ° 194, as last amended by the Federal Law BGBl. I n ° 111/2010, is amended as follows:

1. The following table row shall be added to Appendix 3:

"

6.8

Capture of CO 2 -streams of IPPC operating installations covered by this Annex for geological storage purposes in accordance with 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 following paragraphs 48 and 49 are added to section 382:

" (48) By the Federal Law BGBl. I n ° 144/2011, Directive 2009 /31/EC on the geological storage of carbon dioxide, OJ L 327, 22.12.2009, p. OJ L 140 of 05.06.09 p. 114-135.

(49) Annex 3 Z 6.8 in the version of the Federal Law BGBl. I n ° 144/2011 shall enter into force with the end of the day of the customer's presentation in the Federal Law Gazans. "

Article 5

Amendment of the Mineral Raw Materials Act

The Mineral Raw Materials Act, BGBl. I n ° 38/1999, as last amended by the Federal Law BGBl. I n ° 111/2010, is amended as follows:

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

" § 121f. (1) § § 121 to 121e are also to be used for the deposition of carbon dioxide streams from plants within the meaning of section 121 (1) for the purposes of geological storage.

(2) Paragraph 1 shall not apply to installations or parts of the plant which exclusively serve the purpose of research, development and testing of new products and processes, in particular in the laboratory or pilot plant scale. "

1a In Article 223, the following paragraph 17 is inserted after paragraph 17:

" (17a) Existing landfills, in which up to the entry into force of the Federal Law BGBl. I n ° 144/2011, more than 80% of mining waste has been dumped and its landfill operator is a mining authority, as waste disposal facilities are subject to this federal law, provided that the consensus on mining waste is restricted. In addition, landfills already closed and in decommissioning or after-care are considered as waste disposal facilities, provided that more than 80% of mining waste has been deposited and the landfill operator was a mining authorized. In the context of its obligation to participate, the member of the miner has to make credible what waste has been deposited. On the entry into force of the Federal Law BGBl. I n ° 144/2011 pending proceedings concerning landfills mentioned in the first sentence must be brought to an end by the competent authorities in accordance with the legislation currently in force. '

(2) the following paragraphs are added:

" (23) § 121f in the version of the Federal Law BGBl. I n ° 144/2011 shall enter into force with the end of the day of the presentation of this Federal Law.

(24) By § 121f in the version of the Federal Law BGBl. I n ° 144/2011 are the provisions of Directive 2008 /1/EC concerning integrated pollution prevention and control, OJ L 327, 22.11.2008, p. OJ L 24, 29.01.2008, p. 8-29, as last amended by Directive 2009 /31/EC on the geological storage of carbon dioxide, OJ L 327, 28.12.2009, p. OJ L 140 of 05.06.09 p. 114-135. "

Fischer

Faymann