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National Gewässerbewirtschaftungsplanvo 2009 - Ngpv 2009

Original Language Title: Nationale GewässerbewirtschaftungsplanVO 2009 – NGPV 2009

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103. Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management, with which, on the one hand, the publication of the planning document on the National Hydrological Management Plan is announced and on the other hand a Programme of measures as well as priorities and the expulsion of water sections as heavily modified or artificial surface water bodies in the context of the National Water Management Plan (National Water Management Plan) (National Water Management Plan (2009)-NGPV 2009)

Part 1

Due to § 55c WRG 1959, it is announced:

The "National Water Management Plan" (NGP), including the Zl facilities. BMLFUW-UW.4.1.2/0011/I/4/2010, was published on 30.03.2010 on the website of the Federal Ministry for Agriculture and Forestry at http://ngp.lebensministerium.at.

Part 2

Due to § § 55c iVm. § § 30b, 30e and 55f of the Water Rights Act 1959, BGBl. No. 215, as last amended by the Federal Law BGBl. I No 123/2006, shall be ordered:

1. Section-General provisions

Objective/Scope/Subject

§ 1. This Regulation will be based on the "National Water Management Plan" (NGP) and corresponding to the 1. Part published chapters

1.

General description of the characteristics of river basin districts;

2.

Estimation of the impact of the significant loads and anthropogenic impacts on the state of surface waters and groundwater;

3.

Summary of the economic analysis of water use;

4.

monitoring;

5.

environmental objectives;

6.

Water order to be sought in the public interest;

7.

public participation;

8.

Competent authorities;

9.

The impact of climate change on the Austrian water industry

Chapter 5 (environmental objectives) and 6 (water order in the public interest) of the National Water Management Plan, as set out in the following provisions, shall be declared binding.

Planning Room

§ 2. The planning area of the programme of measures refers to the planning rooms Elbe (Austrian share), Donau centrally Inn/Donau above Jochenstein, Drau, March (incl. Thaya), Mur, Raab, Rabnitz, Leitha and Rhine (§ 55a iVm. Appendix F to the WRG 1959).

2. Section-Altered and artificial water bodies

Classification as considerably modified and artificial water bodies

§ 3. The one in the Annexes 1 to 4 are classified as artificial or substantially modified surface water bodies. On the basis of the assessment set out in Chapter 5.3 of the NGP, these bodies of water shall be designated as follows: Marked:

1.

These water sections have at least one significant hydromorphological burden, which in their nature is significantly altered in such a way that, after evaluation of the measurement programs in accordance with the second part of the Water Condition Monitoring Regulation, they are GZÜV, BGBl. II No 479/2006, the good ecological status is missing.

2.

In these sections of the waters, the change required to achieve good ecological status would be at least one of the hydromorphological pressures on the basis of their importance and the extent of the functions they provide for important environmental impacts. Sustainable development activities of people such as (peak) electricity generation, flood protection or Infrastructure has a significant negative impact on these activities.

3.

The beneficial targets, which are used for the modified characteristics of the surface water body, cannot be achieved in a meaningful way by other means.

3. Section-Objectives and measures Surface waters

Stepwise achievement of objectives

§ 4. For those in the NGP Annex-Water-Body Tables-Flow Waters, Table FG-Step-by-Step-Target attainment, and in the NGP Annex-Water-Body Tables-Lakes, Table SEE-Step-by-step-Target achievement, mentioned water sections will be a step-by-step Total target achievement. On the basis of the assessment set out in Chapters 5.1.3, 5.2.3 and 5.3.4 of the NGP, the following shall be shown for these bodies of water; set out:

1.

the total state or the risk assessment of all water bodies at the time of the publication of the NGP;

2.

the date of achievement of the target (incl. Intermediate targets) for those bodies of water which are in a worse state than the target state and those bodies of water for which a risk of misconduct of the target state cannot be ruled out;

3.

the reasons for the deadline for the achievement of the target.

Programme of measures and gradual achievement of the goal of the chemical state and the physico-chemical components of the ecological state with regard to synthetic and non-synthetic pollutants

§ 5. (1) All surface water bodies located in the planning rooms (§ 2) are, in particular, the measures referred to in Chapters 6.2.1.3, 6.3.1.3 and 6.3.2.3 of the NGP, which are based on the Water Rights Act and other materials with be set in order to protect, manage and develop the relevant chemical status and the physico-chemical components of the ecological condition with regard to the synthetic and non-aquatic environment. of synthetic pollutants, or will not deteriorate further.

(2) For the progressive achievement of objectives as well as the definition of a reduced quality goal-in the concretization of § 4-in the water body tables in the NGP Annex-Water Body Tables-Flow Waters, Table FG-Objectives-Measures-Chemistry, Irrigation sections in the first planning period, measures (dislocations) in relation to significant chemical loads Point sources and diffuse sources is considered to be cost-effective/necessary. On the basis of the assessment set out in Chapter 5.1.3 of the NGP, the following information shall be shown for these bodies of water; set out:

1.

the chemical pollutant which is responsible for exceeding the quality target;

2.

the date of achievement of the good chemical status, good ecological status with regard to the chemical components or the reduced quality objective;

3.

the reasons for the deadline for the achievement of the good chemical status as well as the exceptions to the quality objective with regard to the chemical components of the ecological condition;

4.

the measures (types) with which the good chemical status can be achieved by 2015, or the measures to be taken in order to establish the basis for subsequent (subsequent) measures, as well as further comments.

(3) In the table FG-pollutant-2021/2027 in the NGP annex-water body tables-flow waters are the water sections and/or water bodies in which, as a result of the stress analysis, a risk of target misconduct cannot be ruled out on the basis of the current state of knowledge due to exposure to priority or priority hazardous pollutants, However, a status assessment based on the results of the monitoring programme has not yet been submitted. In these sections of water, targeted remediation measures are only carried out in the second and/or third countries. The third planning period is planned after monitoring results are available.

Programme of measures and gradual achievement of objectives-Ecological condition

§ 6. (1) All surface water bodies located in the planning rooms (§ 2) shall be, in particular, the measures referred to in Chapters 6.2.1.3, 6.4.1.3, 6.4.2.3, 6.4.3.3, 6.4.4.3, 6.4.5.3, 6.4.6.3 and 6.4.7.3 of the NGP, which are based on the Water Rights Act and other materials with water protection-relevant regulations are to be protected, managed and developed in such a way that the respective ecological status or the respective ecological potential is maintained or will not deteriorate further.

(2) For the progressive achievement of objectives-in the concretization of § 4-for those in the NGP annex-water body tables-flow waters, table FG-measures-material-2015, cited water sections in the first planning period

1.

The measures referred to in Chapter 6.4.1.5 of the NPP on the general conditions of the physico-chemical components of the ecological condition for the reduction of emissions of nutrients and/or organic substances point sources as well as

2.

The measures referred to in Chapter 6.4.2.5 of the NPP on the general conditions of the physico-chemical components of the ecological state for the reduction of emissions of nutrients and/or organic substances diffuse sources

is considered to be cost-effective/necessary. On the basis of the assessment set out in Chapters 5.2.3 and 5.3.4 of the NGP, the following information shall be shown for these bodies of water; set out:

a)

-measures to reduce emissions from point sources and/or diffuse sources;

b)

the date of achievement of the overall target (§ 4).

(3) In the table FG-stofflich-2021/2027 in the NGP Appendix-Water Body Tables-Flow Waters as well as in the table SEE-Condition in the NGP Annex-Water-Body Tables-Lakes are the water sections and/or Water bodies in which, as a result of the stress analysis, there is no risk of target misconduct due to the general conditions of the physico-chemical components of the ecological condition on the basis of the current knowledge level can be excluded, but a condition assessment based on the results of the monitoring programme has not yet been available. In these sections of water, targeted remediation measures are only carried out in the second and/or third countries. The third planning period is planned after monitoring results are available.

(4) For the progressive achievement of objectives-in the concretization of § 4-for those in the NGP annex-water body tables-flow waters, table FG-Measures-Hydromorphology-2015, listed water sections (priority area) in the first planning period the measures referred to in Chapters 6.4.3.5, 6.4.4.5, 6.4.5.5, 6.4.6.5, and 6.4.7.5 of the NGP are considered to be cost-effective/necessary in relation to significant hydromorphological loads. On the basis of the assessment set out in Chapters 5.2.3 and 5.3.4. of the NGP, the following information shall be shown for these bodies of water; set out:

1.

the types of measures by which the good ecological status or good ecological potential can be achieved by 2015, or an essential contribution to the achievement of objectives in one of the following planning periods;

2.

the date of achievement of the overall target (§ 4).

(5) In the table FG-Hydromorphologie-2021/2027 in the NGP Annex-Water-Body Tables-Flow waters are the water sections and/or Water bodies outside the priority area, where there is no good ecological status due to hydromorphological loads, or because of the stress analysis, there is a risk of target misconduct due to hydromorphological Stress cannot be ruled out on the basis of the current knowledge, but a status assessment based on the results of the monitoring programme has not yet been submitted. In these sections of water, targeted remediation measures are only carried out in the second and/or third countries. the third planning period and the existence of monitoring results.

4. Section-Objectives and measures groundwater

Stepwise achievement of objectives

§ 7. For the groundwater bodies listed in the table GW-stepwise-goal achievement in the NGP Annex-Water-Body Tables-groundwater, a phased overall target achievement is defined. On the basis of the assessment set out in Chapter 5.4.3 of the NGP, the following information shall be shown for these bodies of water; set out:

1.

the date of achievement of objectives;

2.

the reasons for the deadline for the achievement of the target.

Programme of measures and gradual achievement of objectives

§ 8. (1) All groundwater bodies situated in the planning rooms (§ 2) are, in particular, the measures referred to in Chapters 6.5.1.3, 6.5.2.3, 6.5.2.5, 6.5.3.3 and 6.5.4 of the NGP, which are based on the Law on Water Law and other materials , to protect, manage and develop the relevant chemical and quantitative conditions in order to protect, manage and develop water-protection-relevant regulations, respectively. will not deteriorate further.

(2) For the progressive achievement of objectives-in the specification of § 7-for the groundwater bodies listed in the table GW-stepwise-goal achievement in the NGP Annex-Water-body tables-groundwater in the first planning period in relation to significant material loads due to nitrate from diffuse sources considered the measures (dislocations) set out in Chapter 6.5.2.5 of the NGP to be cost-efficient/required.

5. Section-Objectives and measures for protected areas

Objectives and measures for the protection of areas with water abstracting

§ 9. With the aim of reducing the risk of water resources from microbiological, chemical or quantitative impairments, the water bodies located in the planning rooms are, in particular, those contained in Chapters 6.6.1.3 and 6.6.1.5 of the To protect, manage and (further) develop NGP-led measures that are based on the Water Rights Act and other materials with water-protection-relevant regulations.

6. Section-Objectives and measures for the promotion of water development

Objectives and measures for the protection of groundwater resources for the purpose of drinking water supply in surface-near pore groundwater bodies with significant water resources-in particular before the effects of the sand and gravel extraction

§ 10. In order to protect the relevant groundwater resources for the purpose of drinking water supply and to avoid further threats to the groundwater resources already used in places, the groundwater bodies located in the planning rooms are in particular: protect, manage and develop the measures and principles set out in Chapters 6.10.1.3 and 6.10.1.4 of the NGP, which are based on the Law on Water Law.

Objectives and measures for the protection of groundwater resources for the purpose of drinking water supply/drinking water emergency supply in deep groundwater bodies with significant water resources

§ 11. The groundwater bodies located in the planning rooms are intended for the preventive protection of still intact stressed relevant groundwater resources as well as to avoid further endangerment of the groundwater resources already over-used in places. , in particular through the measures and principles set out in Chapters 6.10.2.3 and 6.10.2.4 of the NGP, which are set on the basis of the Water Rights Act, to protect, manage and develop further.

Objectives and measures for the protection of environmentally valuable waterways, taking into account the potential use of hydropower for electricity generation

§ 12. With the aim of protecting and maintaining ecologically valuable water routes in the best possible coordination with the interest of using the existing hydropower potential, surface water bodies located in the planning rooms are in particular: by the measures referred to in Chapter 6.10.3.2 of the NGP and in accordance with the principles laid down in this Chapter, which are based on the Law on Water Law (and other materials with water protection-related regulations), Background of the Deterioration Prohibition-to protect, to manage and develop it.

7. Section-Objectives and measures to reduce the risk to the aquatic environment in order to prevent the release of significant quantities of harmful substances from technical installations and measures to ensure that in the event of accidents which are reasonable in the case of accidents Estimates could not have been foreseen to reduce the impact

Objectives and measures for the prevention and rehabilitation of water purification

§ 13. With the aim of preventing and, if necessary, remedying water pollution, the water bodies located in the planning rooms are in particular the measures and principles set out in Chapter 6.7 of the NPP, based on the Water rights law and other materials with water protection regulations are to be protected, to be managed.

8. Section-Objectives and measures for adequate incentives for the sustainable and efficient use of water as well as adequate contributions from the water-use sectors to cover the cost of water service

Objectives and measures for the efficient use of water resources

§ 14. In order to make efficient use of water resources and thereby contribute to the objectives of the NGP, the planning spaces shall be protected by the measures referred to in Chapter 6.8 of the NGP and in accordance with the principles laid down in this Chapter; and development.

9. Section-Final provisions

Implementation

§ 15. (1) The bodies acting in accordance with the law on water law shall take account of the objectives laid down in this Regulation, including as carriers of private rights in accordance with Article 17 B-VG, and shall, through appropriate measures, work towards achieving them.

(2) For the services of other public bodies, the provisions of this programme shall be considered as recommendations. This Regulation shall not affect the responsibilities of the countries concerned.

Review

§ 16. This programme of measures shall be evaluated no later than three years after its entry into force and shall be reviewed at the latest six years after its entry into force, as to whether there are grounds for change in the meaning of Section 55f (7) or (8) of the WRG 1959.

Berlakovich