Amendment To The Water Law Act 1959

Original Language Title: Änderung des Wasserrechtsgesetzes 1959

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14. Federal Law, which changes the Law of Water Law 1959

The National Council has decided:

The Water Rights Act 1959, BGBl. No. 215, as last amended by the Federal Law BGBl. I n ° 123/2006 and the Federal Ministries of the Federal Ministries of Law 2009, BGBl. I No 3, shall be amended as follows:

1. In Section 12a (1), the word order shall be "general levels of protection" through the phrase "generally high levels of protection" replaced.

2. In § 12a, paragraph 3 receives the sales designation "(4)" ; the following paragraph 3 is inserted:

" (3) The state of the art is to be complied with in all water uses as well as facilities and measures subject to this federal law, in accordance with the following provisions as well as the regulations based on this federal law. If the applicant proves that the state of the art cannot be complied with in individual cases on the basis of special circumstances with an economically reasonable effort or expense, the state of the art can be proven. is technically unpreparable, authorisation may be granted with less stringent rules, if this may be temporarily accepted in view of the prevailing water-economy conditions. Such an exception shall be short on a temporary basis and shall be accompanied by the necessary arrangements, obligations or side-by-side provisions. The application shall be accompanied by the documents required for its examination, in particular those to be followed in accordance with section 103. The Federal Minister of Agriculture, Forestry, the Environment and Water Management shall be responsible for the decision of the Federal Minister for Agriculture, Forestry, the Environment and Water Management within two weeks of the decision of the State of the art to be granted. . The Court of Justice may lodge a complaint against such a complaint to the Administrative Court. The deadline for appeal begins with the submission of the certificate and the documents to the Federal Minister for Agriculture, Forestry, Environment and Water Management. "

3. In § 21 (1) last sentence, the word "ten" by the number "12" replaced.

4. In accordance with § 21a, the following § 21b is added:

" § 21b. The conditions required under this Federal Act must be repealed or amended upon request, if and to the extent that the conditions for the pre-registration are no longer available. "

5. In Section 30a (1), the word order shall be "a deterioration of the respective condition is prevented-and without prejudice to § § 30e, 30f and 104a-" through the phrase "-without prejudice to § 104a-a deterioration of the respective condition is prevented and-without prejudice to § § 30e and 30f-" replaced.

6. In § 30a (2) (2) (2), the expression "Annex D" by the expression "Annex E" to be read.

7. In Section 30c (1), the word order shall be "a deterioration of the respective condition is prevented-and without prejudice to § § 30e, 30f and 104a-" through the phrase "-without prejudice to § 104a-a deterioration of the respective condition is prevented and-without prejudice to § § 30e and 30f-" replaced.

8. In § 30d paragraph 1 Z 2, § 32 paragraph 2 lit. f and § 137 para. 1 Z 15 becomes the Ausdru "§ 55l" through the Ausdru "§ 55p" replaced.

9. In Section 31a (6), the expression "55 (4)" now "55 (5)" to be read.

10. § 31c (5) lit. b is:

" (b)

Installations for the extraction of geothermal energy in the form of vertical collectors (deep probes), insofar as they are not of lit. a, provided they exceed a depth of 300 m or in areas with tense or artese-strained groundwater resources. The limits of such areas can be seen in the water book in a suitable way. "

11. In § 31c, para. 5 penultimate sentence, the word success e " gem. lit. b and c " through the word success e " gem. lit. a, b and c " replaced.

12. In § 32, the Abs 6, 7 and 8 the names "5", "6" and "7".

12a. In § 32a paragraph 1 lit. b First sentence the word order "Sewage, the" and the word "Included" .

13. § 33d reads:

" § 33d. (1) The Governor of the State shall, if the target state within the time periods provided for by the Water Management Plan, do not have any other provisions of this Federal Law, such as by amending permits in accordance with procedures in accordance with. § 21a is more expedient, for surface water bodies or parts of surface water bodies (redevelopment area), which have a worse condition than in a regulation according to § 30a, according to the good condition in the National Water management plan set priorities for gradual achievement of objectives with a regulation (para. 2).

(2) A programme for the improvement of the state of surface water bodies or parts of surface water bodies has, in the main guidelines, redevelopment objectives, priorities, order and nature of the remedial measures to be taken in such a way specify that, in accordance with the principle of proportionality (Article 21a (3)), an improvement in the hydromorphological conditions, a reduction and an effective purification of waste water, a reduction in the amount of pollutant emissions from other sources and by other measures the target states (§ 30a) . If necessary, it is also possible to set partial rehabilitation targets for the gradual achievement of objectives. For legally existing water use installations, protection and regulation water structures or other water installations, appropriate remediation periods shall be laid down in accordance with the priorities for the progressive achievement of objectives. The objectives of the rehabilitation programme are, as parts of the target state to be pursued, in all water-related measures as a public interest (§ 105) and as aspects for the handling of the provisions of this federal law. be aware.

(3) Are used in a rehabilitation programme (para. 2) Restoration periods for existing plants shall be fixed, the water authorized shall have no later than two years after the date of entry into force of the clean-up programme of the Authority with respect to the sanitary installations or parts of the plant located in the redevelopment area to present a rehabilitation project for water-law approval in accordance with the requirements of the programme, or to decommission the installation at the end of the period of reorganisation set out in the Regulation. In the case of fruitless expiry of the period, section 27 (4) shall apply with the proviso that a multiple reminder is not required.

(4) At the request of the water authorized person, the remediation period and, if necessary, the project proposal period shall be extended for a maximum period of three years if the water entitled proves that, taking into account the given water management The conditions for immediate remediation in respect of the success of the protection of the aquatic environment would be disproportionate (for example, project planning work has already begun, the technical feasibility of which has already been initiated on the basis of the The need to plan and implement non-standard measures difficult). The application shall be accompanied by the documents required for its examination, in particular those to be followed in accordance with section 103. "

Section 33f (9) is deleted.

15. In § 38 (1), after the word order "within the limits of the flood flow of flowing waters" the phrase "or in areas for which a water-based regional programme, pursuant to Section 42a (2) Z 2 for the purpose of reducing the adverse consequences of flooding-related adverse effects (§ 55g (1) (1)), provides for a water-legal obligation to comply with the requirements of water law," inserted.

16. In accordance with § 42, the following new § 42a and heading is inserted:

" Pre-care in areas with potential significant flood risk

§ 42a. (1) For areas with a potential significant flood risk, the Federal Minister for Agriculture, Forestry, the Environment and Water Management has, with the aim of reducing adverse effects on human health caused by floods, on human health, which Environment, cultural heritage and economic activities High-water risk management plans (§ 55l).

(2) Especially for areas with a potential significant flood risk

1.

-if there is not already sufficient flood protection or planning, which is equivalent to the following plans, to achieve the objectives defined in accordance with Article 55l (2), planning of hazard zones should be established, and

2.

may be issued on the basis of the risk zone planning of water-economic regional programmes (§ 55g (1) (1) (1)).

Until the first flood risk management plan is met, regional water management programmes may be adopted on the basis of plans equivalent to the risk zone planning.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management, in cooperation with the Länder, is responsible for drawing up the risk zone planning and adapting it to the respective state of development. The danger zones and functional areas resulting from these plans can be seen in the water book in a suitable manner. The draft of the danger zone plans shall be transmitted to the mayor and shall be submitted for general inspection by the mayor by four weeks in the municipality. The presentation shall be made public. Anyone who can credibly make a legitimate interest shall be entitled to comment in writing within the time limit for the setting up of the plan of danger zone. This provision shall be expressly indicated in the customer's notice. The opinions shall be taken into account in the preparation and prior to the presentation of the risk-zone planning. In the risk zone planning referred to in paragraph 2 (1), the areas which can be flooded according to the scenarios according to § 55k paragraph 2 are to be presented. Using appropriate methods, hazard zones are to be derived on the basis of the measurement event (average flood probability according to § 55k para. 2 Z 2) and functional areas on the basis of the relevant scenarios in which

1.

a free-keeping of these areas

a)

because of the likely damage or endangering effect,

b)

to prevent an increase in the potential for damage,

c)

for the reduction of flood risks,

d)

for the purposes of subsequent protection measures for the protection of water

is required, or

2.

to create the conditions for reducing existing risks.

The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to lay down more detailed rules on the content and the form and design of the risk zone planning. This provision shall be without prejudice to the provisions concerning the plans for the use of danger zones for wild beaks and avalanches (Section 11 of the Forest Act 1975). "

17. § 43 (1) first sentence reads:

" As far as this is necessary in order to support the implementation of the planning requirements of the flood risk management plan, in areas that can be flooded with high probability of flooding, is due to the formation of a Water cooperative (§ 73) or a water association (§ 87) to ensure the implementation of flood risk management measures, or to take the other preventable provisions that are determined by federal law on a case-by-case basis. "

18. In § 43 (1) the word order is deleted " in the version of the Federal Law BGBl. No 299/1989 ' .

18a. In § 53 (3), after the word order "for the National Water Management Plan" the phrase "or in a separate Regulation" inserted.

19. The heading of the Sixth Section reads:

"Catchment area-related planning and implementation of measures for sustainable management for the protection and maintenance of clean waters and for the prevention and maintenance of water bodies"

20. The heading to § 55 reads:

"Water management planning including flood risk management"

21. In § 55, para. 1 to 4 are given the names "(2)" , "(3)" , "(4)" and "(5)" ; the following paragraph 1 is inserted:

" (1) The catchment-related planning includes:

1.

the establishment of a regulatory framework for the protection of surface water and groundwater with the aim of:

a)

to avoid further deterioration and to protect and improve the state of aquatic ecosystems and the land ecosystems and wetlands directly dependent on them, with regard to their water balance,

b)

promote sustainable water use on the basis of a long-term protection of existing resources,

c)

greater protection and improvement of the aquatic environment through, inter alia, specific measures for the progressive reduction of discharges, emissions and losses of priority substances, and by ending or gradual to strive for the cessation of discharges, emissions and losses of priority hazardous substances;

d)

ensuring a gradual reduction in groundwater pollution and preventing its further pollution; and

e)

contribute to mitigating the effects of floods and droughts, as well as

2.

the assessment and management of flood risks, with a view to reducing the adverse effects on human health, the environment, cultural heritage and economic activities which are detrimental to the environment. The following definitions shall apply:

a)

Flooding is a time-limited flooding of land that is normally not covered with water, especially through streams, rivers, streams and lakes. The exception to this is flooding from sewage systems.

b)

The risk of flooding is the combination of the probability of the occurrence of a flood event and the potential adverse effects on human health, the environment, cultural heritage and economic activities that are likely to be detrimental to the environment. "

22. In § 55 para. 3 lit. c will be the clip expression " (par. 1 lit. a to e) " by " (par. 2 lit. a to e) " replaced.

The second sentence of Article 55 (5) reads:

" The party position, including the right of appeal before the Administrative Court, is in the performance of its duties to safeguard water-economic interests in accordance with para. 2 lit. a to g, in particular, on the basis of the provisions laid down in a National Water Management Plan or a flood risk management plan (measures) in all administrative procedures under this Federal Act and in all regulatory procedures in which water legislation is co-administered. "

23a. In § 55c (4) (1), the word order shall be "at the latest by 22 December 2004" through the phrase "not later than three years before the beginning of the period to which the respective National Water Management Plan refers" , in Z 2 the word sequence "at the latest by 22 December 2006" through the phrase "not later than two years before the beginning of the period to which the respective National Water Management Plan refers" , in Z 3 the word sequence "at the latest by 22 December 2008" through the phrase "not later than one year before the beginning of the period to which the respective National Water Management Plan relates" as well as in Z 4 the phrase "until 22 December 2009" through the phrase "at the latest by the beginning of the period to which the respective National Water Management Plan relates" replaced.

24. § 55d para. 1 is the expression of the staples "(§ 55 para. 2)" by the parenthesis expression "(§ 55 para. 3)" and the parenthesis "(§ 55 para. 1)" by the parenthesis expression "(§ 55 para. 2)" replaced; in the penultimate sentence, after the expression "Annex B" the expression "Part I" inserted.

25. In § 55e paragraph 1 Z 1, the word order shall be "Environment and resource costs" through the phrase "Environment and resource costs" replaced.

26. In § 55e (3), the first sentence of the parenthesis shall be: "(Section 30f (1))" by the parenthesis expression "(§ 55f para. 1)" replaced and in the last sentence the phrase "Federal Minister for Economic Affairs and Labour" through the phrase "Federal Minister for Economic Affairs, the Family and Youth, as well as with regard to the affairs of waterways with the Federal Minister for Transport, Innovation and Technology" replaced.

27. The title to § 55g reads:

"Implementation of the measures"

28. In § 55g para. 1, the entry section and the Z 1 are:

" If this is done in order to achieve and maintain the environmental goals defined in accordance with § § 30a, 30c and 30d in implementation of the specific requirements (measures programmes) of the National Water Management Plan or to reduce flood-related adverse events Consequences for human health, the environment, cultural heritage and economic activities are required by the Governor of the State of the Land with a Regulation for certain surface or groundwater bodies or parts thereof, such as, or, Flooded areas

1.

-to enact water-based regional programmes without prejudice to existing rights. These regional programmes may be the subject of:

a)

Dedicated to certain water-related purposes,

b)

restrictions on the award of water rights,

c)

Aspects of the handling of § § 8, 9, 10, 15, 21, 21a, 28 to 38, 40, 41, 42 and 112,

d)

the maintenance of a certain condition,

e)

the recognition of water-related interests of certain parties as legal interests; "

29. § 55g para. 3, second and third sentence, the previous third sentence is to be added to the fourth sentence:

" The water-management planning body may lodge a complaint with the Administrative Court on the basis of an appeal with the regional programme after the instance train has been exhausted, provided that it cannot be proven to the proceedings. (i) a reasoned negative opinion has been submitted in respect of the procedures laid down in a regional programme (measures); In such cases, the notice of appeal shall be three months, in derogation from § 26 (1) VwGG. "

30. In § 55h (1) (1) (1) the expression "§ 55 (2)" by the expression "§ 55 (3)" replaced; the parenthesis "(§ 55k (3) (2))" is represented by the parenthesis "(§ 55o (3) (2))" replaced.

31. In § 55h (1) Z 2, the expression "§ 55 (1)" by "§ 55 (2)" replaced.

31a. In § 55h paragraph 2 lit. d becomes the word sequence "until 22 December 2006" through the phrase "not later than two years before the beginning of the period to which the respective National Water Management Plan refers" as well as in paragraph 3, the phrase "by 22 December 2008 at the latest" through the phrase "not later than one year before the beginning of the period to which the respective National Water Management Plan relates" replaced.

32. The § § 55i , 55j, 5 5k and 55l get the names § 55m. , § 55n. , "§ 55o." and "§ 55p." ; the following § § 55i to 55l together with headings shall be inserted:

" Preliminary assessment of flood risk

§ 55i. (1) A preliminary flood risk assessment shall be carried out for each river basin district until 22 December 2011.

(2) The preliminary assessment of flood risk shall be based on available or readily available information, such as records and studies on long-term developments, in particular on the impact of climate change on the Occurrence of floods, to carry out an assessment of the potential risks. It shall include at least the following:

1.

maps of the river basin district, suitable for use in a suitable scale, from which the boundaries of catchment areas and sub-catchment areas, topography and land use, are produced;

2.

a description of past floods which have had significant adverse effects on human health, the environment, cultural heritage and economic activities, and in which the likelihood of recurrence in a similar form , including its extension and runoff, as well as an assessment of its adverse effects;

3.

a description of the significant floods of the past, provided that significant adverse consequences of future similar events could be expected;

4.

an assessment of the potential adverse consequences of future floods on human health, the environment, cultural heritage and economic activities, taking into account, as far as possible, factors such as topography, the situation of Watercourses and their general hydrological and geomorphological characteristics, including floodplains as natural flood-retention areas, the effectiveness of existing man-made Flood defence infrastructure, the location of inhabited areas, the areas of economic Activities and long-term developments, including the impact of climate change on the occurrence of floods.

(3) In carrying out the preliminary assessment of the flood risk, the procedure laid down in § 55h (1) shall be applied in accordance with the conditions laid down by the Federal Minister for Agriculture, Forestry, the Environment and Water Management at the latest. 12 months before the deadline for the fulfilment of the reporting obligations to the European Commission (Section 55o (5) (1)), a draft for the preliminary assessment of the flood risk has to be made available to the Governor of the State. The Governor of the State shall, on the basis of the environmental data available to him, examine his/her plausibility on the basis of the environmental data available to him and, if necessary, supplement the relevant documents and data, and the Federal Minister for agriculture, forestry, the environment and water management within six months of transmission. The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to ensure the exchange of information relevant to the preliminary assessment with the competent authorities of the states concerned.

(4) The preliminary assessment of the flood risk shall be reviewed by 22 December 2018 and thereafter every six years, with particular reference to the likely impact of climate change on the occurrence of floods, and if necessary, to update.

Determination of areas with potential significant flood risk

§ 55j. (1) On the basis of the preliminary flood risk assessment in accordance with § 55i, for each river basin district, it is necessary to identify those areas where there is a potential significant flood risk or for each river basin district. is likely to be held.

(2) A potential significant flood risk is present if:

1.

in the area concerned

a)

Uses for settlement and economic purposes and other higher-value uses,

b)

infrastructural facilities of national, national or international importance,

c)

Installations referred to in Annex I to Council Directive 96 /61/EC of 24 September 1996 concerning integrated pollution prevention and control or other significant sources of pollution,

d)

Protected areas according to § 59b Z 1, Z 3 and Z 5 or

e)

Cultural heritage of national or international importance

, or could arise in the future on the basis of concrete dedications or for the water-management order of significant concrete plans of other planning bodies (§ 55a (2)); and

2.

in this area,

a)

the frequency or intensity of the threat posed by floods; and

b)

the special density of settlement or use or the particular importance of the use

Significant adverse effects on human health, the environment, cultural heritage and economic activities are to be expected.

(3) In determining the areas with a potential significant flood risk, the procedure laid down in § 55i (3) shall apply, in which case coordination shall be ensured with respect to foreign countries within the meaning of Section 55c (3).

Flood risk maps and high-water risk maps

§ 55k. (1) For areas with a potential significant flood risk in accordance with § 55j, flood hazard maps and flood risk maps at the level of the river basin districts are at the level best suited for this purpose, up to 22. December 2013. In addition, flood risk maps can also be produced outside these areas on the most appropriate scale for this purpose, which are the basis for subsequent evaluations of flood retention areas with regard to their effectiveness. serve for non-structural measures in the flood risk management plans or have a hint function on potential flood drainage areas.

(2) The flood maps shall cover those areas which, in accordance with the following scenarios, taking into account the typical solid processes for the characteristics of the respective catchment area, such as the management of the deforestation and the wild wood, as well as the Water morphological processes could be flooded:

1.

High-water low probability with a probable return interval of 300 years or scenarios for extreme events;

2.

High-water mean probability with a probable return interval of at least 100 years;

3.

High water high probability with a probable return interval of 30 years.

(3) The flood control maps shall contain information for the areas referred to in paragraph 2.

1.

the extent of the flooding;

2.

on the water depth or where appropriate, the water level;

3.

where appropriate, to flow rate or to the relevant water discharge.

(4) Potential flood-related adverse effects are observed in the high-water risk maps in accordance with the scenarios described in paragraph 2 above. These shall be indicated as

1.

approximate number of inhabitants potentially affected;

2.

the nature of the economic activities in the potentially affected area;

3.

Installations listed in Annex I to Council Directive 96 /61/EC of 24 September 1996 concerning integrated pollution prevention and control, which could cause accidental pollution in the event of flooding, and Potentially affected protected areas according to § 59b Z 1, Z 3 and Z 5;

4.

areas in which high-solids floods or murine flood events may occur;

5.

Information on other significant sources of pollution other than those mentioned in Z 3.

(5) In the drawing up of flood risk maps and flood risk maps, the procedure laid down in § 55h (1) shall be applied in accordance with the conditions laid down by the Federal Minister for Agriculture, Forestry, the Environment and Water Management. at the latest 12 months before the deadline for the fulfilment of the reporting obligations to the European Commission (Section 55o (5) (2)) has to be made available to the Landeshauptmann card draft. The Governor of the State shall, on the basis of the environmental data available to him, examine his/her plausibility on the basis of the environmental data available to him and, if necessary, supplement the relevant documents and data, and the Federal Minister for agriculture and forestry, environment and water management, within six months of being sent back. The Federal Minister for Agriculture, Forestry, the Environment and Water Management has, in the course of the preparation of the flood hazard maps and flood risk maps, for those areas with a potential significant risk associated with other Member States shall be shared with the competent authorities of those Member States.

(6) High-water risk maps and flood risk maps shall be reviewed by 22 December 2019 and thereafter every six years, with particular reference to the likely effects of climate change on the occurrence of floods; and if necessary, to update.

(7) The preparation and periodic revisions of the flood risk maps and flood risk maps shall be in line with the reviews of the actual stock analysis (§ 55d) and may be included in these reviews.

Flood risk management plans

§ 55l. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has, on the basis of the flood risk maps and flood risk maps drawn up in accordance with § 55k, on the basis of the river basin district level for the areas To prepare and publish coordinated flood risk management plans with potential significant flood risk (§ 55j) until 22 December 2015.

(2) In the case of areas with a potential significant flood risk, appropriate targets for flood risk management shall be defined, with a focus on:

1.

on the reduction of potential adverse effects on human health, the environment, cultural heritage and economic activities, and

2.

, where appropriate, on non-structural measures in the field of flood prevention, in particular the protection of flood-affected areas and areas suitable for the retention of high water, and

3.

on a reduction in the likelihood of flooding

has to be.

(3) In order to achieve the objectives set out in paragraph 2, the flood risk management plans shall contain measures. measures which, by reason of their scale and effect, significantly increase the risk of flooding in other States in the same catchment area or sub-catchment area, may be provided only if they have been coordinated with the State concerned; and an amicable solution has been found in the framework of paragraph 6 between the States concerned.

(4) The flood risk management plans shall cover all aspects of flood risk management, with a focus on prevention, protection and prevention, including flood forecasting and early warning systems, and the special focus on prevention, protection and prevention, including flood risk management and early warning systems. characteristics of the catchment area concerned, or Partial catchment area shall be taken into account. Support for sustainable land use methods, improvement of water retention and controlled flooding of certain areas in the event of a flood event may also be included in the flood risk management plans. They shall include the constituents described in Part II of Annex B and shall take into account relevant aspects, such as the costs and benefits, the extension of the flood and flood routes and areas with the potential to support the retention of Floods, such as natural flood plains, the environmental objectives of § § 30a, 30c and 30d, land use and water management, land use, land use, nature conservation, shipping and port infrastructure.

(5) In the preparation of the flood risk management plans, the procedure laid down in § 55h (1) shall apply mutaly, with the proviso that the Federal Minister for Agriculture, Forestry, the Environment and Water Management shall be responsible for the Landeshauptmann has to submit a draft at the latest two years before the deadline for the fulfilment of the reporting obligations to the European Commission (§ 55o (5) (3)). The Governor of the State shall, on the basis of the environmental data available to him, examine his/her plausibility on the basis of the environmental data available to him and, if necessary, supplement the relevant documents and data, and the Federal Minister for agriculture and forestry, environment and water management, within six months of being sent back. In accordance with this procedure, a draft is to be drawn up by 22 December 2014 to be submitted to public participation (§ 55m paragraph 1b).

(6) In international river basins, the Federal Minister for Agriculture, Forestry, the Environment and Water Management has to ensure coordination with foreign countries by means of bi-or multilateral water commissions with the aim of: to produce a single international flood risk management plan or several flood risk management plans coordinated at the level of the international river basin. If this does not succeed, the Federal Minister for Agriculture, Forestry, the Environment and Water Management has decided to coordinate the national parts of the international river basin as far as possible. To work towards a flood risk management plan at the level of the international river basin. Where this is deemed appropriate in a common sub-basin, the coordinated flood risk management plans may be coordinated by more detailed and coordinated at the level of the international sub-catchment areas. Flood risk management plans shall be supplemented.

(7) The flood risk management plans, including the components described in Part II of Annex B, shall be up to 22 December 2021, and every six years thereafter, with particular reference to the likely impact of the To review and, if necessary, update climate change on the occurrence of floods.

(8) The preparation and periodic revisions of the flood risk management plans shall be coordinated with the reviews of the National River Basin Management Plans provided for in Article 55c (5) and may be included in these reviews. shall be included. "

33. The title to § 55m reads:

"Involvement of the public in the preparation of National Water Management Plans and flood risk management plans"

34. In § 55m, the following (1a) and (1b) shall be inserted after paragraph 1:

" (1a) The Federal Minister for Agriculture, Forestry, Environment and Water Management has the preliminary assessment of the flood risk, flood hazard maps, flood risk maps and flood risk management plans in the Water Information System Austria (§ 59).

(1b) The active involvement of all interested parties in the preparation, review and updating of the flood risk management plans shall be carried out in accordance with the appropriate application of paragraphs 1 to 7 and is the procedure for the national Coordination of water management plans. "

35. In § 55n (1) and (3), the expression "§ 55i" in each case by the expression "§ 55m" replaced.

36. The following paragraph 5 is added to § 55o:

" (5) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has the European Commission

1.

the preliminary flood risk assessment until 22 March 2012, and thereafter until 22 March 2019, and thereafter every six years,

2.

Flood risk maps and flood risk maps up to 22 March 2014 and six years later, as well as

3.

the flood risk management plans until 22 March 2016 and in the further six years

to be made available. "

37. In § 55p (4), the expression " § § 34f or 33f " by the expression " § 34 or § 33f " replaced.

38. In § 59 (1), last sentence, after the word order "National Water Management Plan" the phrase "and the flood risk management plan" and after the phrase "and the" the phrase "These Plants" inserted.

39. In § 59 (2), after the word order "as well as water-building measures and measures to protect against natural hazards," the phrase "about flood risks and flood risks," inserted.

40. In Section 59 (3), the Z 6 shall be replaced by the following Z 6 to 10:

" 6.

Creation of a catalogue of possible measures and their costs (§ 55e para. 3) as the basis for the creation of cost-effective measures of measures;

7.

preliminary assessment of the flood risk;

8.

the identification of areas with a potential significant flood risk;

9.

Flood risk maps and flood risk maps and

10.

Flood risk management plans. "

41. In § 59 (3), the expression "Z 1 to 6" by the expression "Z 1 to 10" replaced.

42. In § 59 (6) the word "Water Way Directorate" through the phrase "via donau" and the name "ARGES" by the name "AGES" replaced.

43. In § 59 (7), after the word "Industries" the phrase "Operator of infrastructure facilities" inserted; after the word "Inventory" the phrase "and for the purposes referred to in paragraph 3" inserted.

44. In Section 59c (4), the word shall be: "Water Way Directorate" through the phrase "via donau" replaced.

45. In § 59i paragraph 2 lit. b becomes the expression "§ 55k" by the expression "§ 55o" replaced.

46. In Section 59i (4), the word shall be: "Bundeswasserstraßendirektion" through the phrase "via donau" replaced.

47. § 101 (3), first sentence reads:

" Where the Federal Minister for Agriculture, Forestry, the Environment and Water Management or the Governor of the State in the first instance is responsible for the implementation of the procedure, including the release of the decision, the authorizing the subordinated authority, provided that this is in the interests of convenience, purity, simplicity and cost savings. "

48. In § 101a last sentence, the expression "§ § 55 (4)" by the expression "§ § 55 (5)" replaced.

49. In § 102 paragraph 1 lit. If the word sequence is deleted "and 4" .

50. In § 102 paragraph 1 lit. h is the expression " § 55 para. 1 lit. a to g " by the expression " § 55 para. 2 lit. a to g " replaced.

51. In § 104 paragraph 1 lit. h becomes after the word sequence "with a remediation programme (§ 33d)" the phrase " , with the National Hydrological Management Plan, the flood risk management plan, with a regional programme (§ 55g) " inserted.

52. In § 104a (2), after the word "Projects" the phrase "in accordance with paragraph 1" inserted.

53. In § 104a (3), the second and third sentences are replaced by the following sentences:

" The water-management planning body may be subject to a decision by which a derogation from the prohibition on deterioration is granted on the basis of an examination of the public interest in accordance with paragraph 2 above, which is in contradiction with water-related interests. Z 1 to 3 shall lodge a complaint with the Verwaltungsgerichtshof after the exhaustion of the referral, unless it has been shown that it has been shown to have been proven by the proceedings or if the decision of a reasoned opinion issued on the basis of paragraph 2 of this Article has been established. Negative opinion of the water management planning body contradicts. In such cases, the notice of appeal shall be three months, in derogation from § 26 (1) VwGG. "

54. In § 105 (2), the expression "§ § 80 or 82a" by the name " I. Main piece 8a. Section " replaced.

55. In § 108 (1), after the word "Headquarters" the phrase "and the bodies legally entrusted with the protection of these interests" inserted.

56. In § 114 (3), the following last sentence is added:

'Before the expiry of the time limit, the Authority shall inform the scoreboard in writing that it is not intended to carry out an authorization procedure, and shall commence the execution of the installation from that date.'

57. In § 114 (4), the following last sentence is added:

" In the case of notifiable projects, the verification of the Authority shall not be Section 121 (1). The verification of the execution of the installation in accordance with section 121 (4) shall take place on a notifiable project, provided that no other regulations are taken in any decision to grant consent. "

§ 115 reads:

" § 115. In the case of subsequent situations in which no change of the nature and measure of the use of water is effected, the notification procedure shall be applied in accordance with § 114 with the proviso that the duration of the authorisation corresponds to that of the water law:

1.

the modification or extension of sewerage systems within the meaning of section 32 (2);

2.

the modification or extension of drinking water and utility water supply systems within the meaning of § § 9 and 10;

3.

Purpose amendments pursuant to section 21 (4);

4.

technical measures to increase congestion or to increase the efficiency of existing installations which do not have any effect on the residual water section, the sub-route or the congestion target.

Measures in accordance with Z 3 and 4, which are carried out within or outside the priority area of remediation, shall not complicate future remedial measures in order to achieve the objectives of the national water management plan. "

59. In § 124 (2) Z 5, after the expression "(§ 38 (3))," the expression "Danger Zone Planning (§ 42a)," inserted.

60. In § 137 (1) (1) (1), the expression "29 (4)" by the expression "29 (7)" replaced; the expression "121 (3)" is expressed by the expression "121 (4)" replaced.

61. In § 137 (1) Z 15 the expression "§ 55l (2)" now "§ 55p (2)" to be read.

62. The following sentence is added to section 145a (5):

"At this point in time on the basis of § 54 in force standing regulations shall be deemed to be regulations in accordance with § 55g para. 1 Z 1."

63. In § 145a (6) the expression "§ 55j" in each case by the expression "§ 55n" replaced.

64. In § 145b the Z 6 shall be replaced by the following Z 6 to 10:

" 6.

Directive 2000 /60/EC establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. No. OJ L 327, 22.12.2000, p. 1);

7.

Directive 2007 /60/EC on the assessment and management of flood risks (OJ L 327, 22.12.2007, p. No. OJ L 288 of 6.11. 2007, p. 27);

8.

Directive 2006 /118/EC on the protection of groundwater against pollution and deterioration (OJ L 327, 22.11.2006, p. OJ L 372 of 27 December 2006, S 19-31 corrected by OJ L 376, 27.12.2006, p. OJ L 53, 22.02.2007, p. OJ L 139 of 31.05. 2007, S 39-40);

9.

Directive 2008 /105/EC on environmental quality standards in the field of water policy and amending and subsequently repealing Council Directives 82 /176/EEC, 83 /513/EEC, 84 /156/EEC, 84 /491/EEC and 86 /280/EEC as well as amending the Directive 2000 /60/EC OJ L 348, 24.12.2008, S 84-97);

10.

Directive 2008 /56/EC establishing a framework for Community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 206, 22.7.2008, p. No. OJ No L 164, 25.06.2008, p. 19).

65. In Annex B, before the heading "Content of the Management Plans for § 55c Section 2 WRG" the section label "Part I" inserted.

66. In Annex B, Part I A Z 4, the word sequence shall be: "Regulations to be applied" through the phrase "Related Regulations" replaced.

(67) In Annex B, Part I A Z 7.4, the word "Reference" by the word "Related" replaced.

68. In Annex B, Part I A Z 7.5, after the word "Point sources" the parenthesis expression "(including a description of the approaches and methods used for the definition of mixing areas)" inserted.

69. In Annex B, Part I A Z 9, the expression "(§ § 55i, j)" by the parenthesis expression "(§ § 55m and 55n)" replaced.

The following Part II shall be added to Annex B:

" Part II

Contents of the management plans for § 55l paragraph 4 WRG

A. High-water risk management plans

I. Components of the first flood risk management plans:

1.

conclusions from the preliminary flood risk assessment (§ 55i), in the form of an overview map of the river basin district, indicating the areas covered by this flood risk management plan in accordance with § 55j;

2.

Flood risk maps and flood risk maps established in accordance with Article 55k (1) or already existing in accordance with Article 13 of Directive 2007 /60/EC, and possible conclusions from those maps;

3.

Description of the appropriate flood risk management objectives as defined in § 55l (2);

4.

a summary of the measures and their ranking aimed at achieving the appropriate flood risk management objectives, including the measures taken pursuant to Article 55l (3), and the measures taken under other Community acts, , including Council Directive 85 /337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, Council Directive 96 /82/EC of 9 December 1996 on the control of the risks associated with serious accidents involving dangerous substances, Directive 2001 /42/EC European Parliament and Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment and Directive 2000 /60/EC on flood control measures adopted by the European Parliament and the Council of 27 June 2001;

5.

where available, for cross-border catchment areas or sub-catchment areas, a description of the methodology defined for the cost-benefit analysis used for the assessment of measures with cross-border effects.

II. Description of the implementation of the plan:

1.

Description of the ranking and the method according to which the progress of the implementation of the plan is monitored;

2.

a summary of the measures or actions taken to inform and consult the public;

3.

List of competent authorities and, where appropriate, a description of the coordination procedures within each international river basin district and the coordination procedure with Directive 2000 /60/EC.

B. Constituent updates of the flood risk management plans:

1.

any changes or updates since the publication of the latest version of the flood risk management plan, including a summary of periodic reviews carried out in the interim pursuant to § § 55i (4), 55k (6) and 55l (7);

2.

the assessment of progress towards the achievement of the objectives defined in accordance with Article 55l (2);

3.

Description and justification of measures envisaged in an earlier version of the flood risk management plan, and the implementation of which was planned but not implemented;

4.

Description of the additional measures taken since the publication of the latest version of the flood risk management plan. "

In Annex E, Sections II and III shall be replaced by the following Section II:

" Section II

List of priority substances referred to in Annex X to Directive 2000 /60/EC (established by the Decision of the European Parliament and of the Council No 2455 /2001/EC, OJ L 327, 22.12.2000, p. No. OJ L 331 of 15 December 2001, S 1 as amended by Directive 2008 /105//EC of the European Parliament and of the Council on environmental quality standards in the field of water policy and amending and subsequently repealing Council Directives 82 /176/EEC, 83 /513/EEC, 84 /156/EEC, 84 /491/EEC and 86 /280/EEC, and amending Directive 2000 /60/EC, OJ L 327, 22.12.2000, p. No. OJ L 348, 16 December 2008, p. 84)

No.

CAS No. 1)

Name of priority substance 2)

Classified as a priority hazardous substance

1

15972-60-8

Alachlor

2

120-12-7

Anthracene

X

3

1912-24-9

Atrazine

4

71-43-2

Benzene

5

not applicable

Brominated diphenylether 3)

X 4)

32534-81-9

Pentabromodiphenyl ether (Congeners with numbers 28, 47, 99, 100, 153 and 154)

6

7440-43-9

Cadmium and cadmium compounds

X

7

85535-84-8

C10-13-chloroalkanes 3)

X

8

470-90-6

Chlorfenvinphos

9

2921-88-2

Chlorpyrifos (chlorpyrifos ethyl)

10

107-06-2

1,2-dichloroethane

11

75-09-2

Dichloromethane

12

117-81-7

Di (2-ethylhexyl) phthalate (DEHP)

13

330-54-1

Diuron

14

115-29-7

Endosulfan

X

15

206-44-0

Fluoranthene

16

118-74-1

Hexachlorobenzene

X

17

87-68-3

Hexachlorobutadiene

X

18

608-73-1

hexachlorocyclohexane

X

19

34123-59-6

Isoproturon

20

7439-92-1

Lead and lead compounds

21

7439-97-6

Mercury and mercury compounds

X

22

91-20-3

Naphthalene

23

7440-02-0

Nickel and nickel compounds

24

25154-52-3

Nonylphenols

X

104-40-5

(4-Nonylphenol)

X

25

1806-26-4

Octylphenols

140-66-9

(4-(1,1 ', 3,3'-tetramethyl-butyl)-phenol)

26

608-93-5

Pentachlorobenzene

X

27

87-86-5

Pentachlorophenol

28

not applicable

Polycyclic aromatic hydrocarbons

X

50-32-8

(Benzo (a) pyrene)

X

205-99-2

(Benzo (b) fluoranthene)

X

191-24-2

(Benzo (ghi) perylene)

X

207-08-9

(Benzo (k) fluoranthene)

X

193-39-5

(Indeno [1,2,3-cd] pyrene)

X

29

122-34-9

Simazine

30

688-73-3

Tributyltin Connections

X

36643-28-4

(tributyltin cation)

X

31

12002-48-1

Trichlorobenzenes

120-82-1

(1 ,2,4-trichlorobenzene)

32

67-66-3

Trichloromethane (chloroform)

33

1582-09-8

Trifluralin

1)

CAS: Chemical Abstracts Service

2)

If substance groups have been selected, typical representatives of the group concerned are listed as indicator parameters (in brackets and without number). For this substance group, the indicator parameter must be defined by the analytical method.

3)

These groups of substances generally comprise a large number of individual compounds. At this point in time, no suitable indicator parameters can be specified.

4)

Only pentabromodiphenyl ether (CAS-number 32534-81-9). "

Fischer

Faymann