80. Federal Act amending the Mineral Raw Materials Act

The National Council has decided:

The Mineral Raw Materials Act, BGBl. I n ° 38/1998, as last amended by the Federal Law BGBl. I n ° 40/2014, shall be amended as follows:

1. In the table of contents, the entry "Measures for processing plants (§ § 121, 121a to 121e)" Replaced by the following:

" Definitions for IPPC installations (§ 120a)

Measures for IPPC installations (§ § 121, 121a to 121h) "

2. In the table of contents, the entry "Authorisation of security measures in the preparation of processing (§ 182)" by the entry "Safety measures for the control of major-accident hazards involving dangerous substances (§ 182)" replaced.

3. In the table of contents, after the entry "Reporting obligations (§ 222a)" the twist "Reports on offshore oil and gas activities (§ 222b)" inserted.

4. § 109 para. 3, fourth sentence reads:

"For the determination of the best state of the art (best available techniques-BVT), § 71a (1) of the Industrial Code (Gewerbeordnung) 1994 applies."

5. § 109 para. 3 fifth sentence deleted.

6. § 119a (7) reads:

" (7) The procedure for the approval of a Category A waste facility and the procedure for the updating of an authorisation or conditions and conditions for a waste facility for a waste facility not intended for use in the waste management system. hazardous non-inert waste and for a category A waste disposal facility § 121 (12) and § 121d (2) with the exception of the third sentence, in the case of waste disposal facilities of category A, also § 121 (13) and § 121d (5) up to 9, sensual. Section 119 (2) shall remain unaffected. "

7. In accordance with § 120, the following § 120a and heading is inserted:

" Definitions for IPPC installations

§ 120a. In the sense of this federal law, are

1.		"IPPC plant" means a treatment plant listed in Appendix 3 to the Industrial Regulations 1994, as well as the deposition of carbon dioxide streams from such plants for geological storage purposes and, in addition, other directly related thereto related activities in a technical context which may have an impact on emissions and pollution;
2.		"BAT reference sheet" means an industrial emissions (integrated pollution prevention and control), in accordance with Article 13 of Directive 2010 /75/EU, OJ L 124, 20.5.2010, p. No. 17, as amended by the corrigendum OJ L 376, 27.12.2010, p. No. 25., which produces information on the exchange of information, which is drawn up for certain activities and, in particular, the techniques used, the current emission and consumption levels, which are used for the definition of the State of the art as well as the BAT conclusions (Z 3) considered techniques as well as all future techniques (Z 5), taking particular account of the criteria in Appendix 6 to the 1994 Commercial Code;
3.		"BAT conclusions" means a document containing the parts of a BAT information sheet containing the conclusions on the state of the art, its description, information on the assessment of its applicability, the techniques available with the best available techniques the emission values, the accompanying monitoring measures, the associated consumption values and, where appropriate, relevant site-remediation measures;
4.		"emission values associated with the best available techniques" means the range of emission values which, under normal operating conditions, using a measure or a combination of measures according to the state of the art, are description in the BAT conclusions, expressed as a mean value for a given period under specific reference conditions;
5.		"future technology" means a new technology for an industrial activity which, when used in the context of a mining activity, either offers a higher general level of environmental protection or at least the same level of environmental protection and greater cost savings may be considered as the current state of the art;
6.		"dangerous substances" means substances or mixtures as defined in Article 3 of Regulation (EC) No 1272/2008 on the classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67 /548/EEC and 1999 /45/EC, and amending the Regulation (EC) No 1907/2006, OJ L 327, 30.12.2006 No. 1, as last amended by Regulation (EU) No 618/2012, OJ L 353, 31.12.2008, p. No. OJ L 179, 11.07.2012 p. 3;
7.		"baseline report" means information on the state of pollution of the soil and groundwater by the relevant hazardous substances;
8.		"soil" in Z 7 and 10 as well as § § 121, 121a, 121d, 121h and 121i the topmost layer of the earth's crust, located between the ground rock and the surface; the soil consists of mineral particles, organic material, water, air and living organisms;
9.		"environmental inspections" means all measures, including on-the-spot inspections, monitoring of emissions and verification of internal reports and follow-up documents, verification of self-control, examination of the techniques used and the suitability of the Environmental management of an IPPC plant, which shall be taken by the Authority or on its behalf to verify and promote compliance with the Consensus of the IPPC by the IPPC plant and, where appropriate, to monitor its impact on the environment;
10.		"pollution" means the release, directly or indirectly, of substances, vibrations, heat or noise caused by human activities in air, water or soil, which are harmful to human health or to the quality of the environment, or to a situation where: damage to property or to an unreasonable impairment or disruption of the well-being of a healthy, normally-sensitive person, or of other permitted uses of the environment. "

§ § 121 to 121f shall be replaced by the following § § 121 to 121h:

" Measures for IPPC Systems

§ 121. (1) If it is an IPPC installation, it shall be ordered, in the declaration of consent, in which to take account of the comments received (Section 121d (2) and (6)), in addition to the measures prescribed in accordance with § 119, that the system shall be so produced, operated and abandoned,

1.		all appropriate preventive measures against environmental pollution, in particular technological procedures, facilities and modes of operation corresponding to the state of the art (Article 109 (3)), as well as the efficient use of energy, be taken;
2.		the necessary measures will be taken to prevent accidents and to limit their consequences;
3.		the necessary measures are taken in order to avoid the risk of environmental pollution when the IPPC plant is released and to restore a satisfactory state of the IPPC plant site.

(2) Insofar as not already provided in accordance with paragraph 1, the notification of consent for IPPC installations shall contain:

1.		in any case, the state-of-the-art emission limit values for pollutants referred to in Appendix 4 to the Industrial Regulations 1994, provided that they can be emitted by the IPPC plant in a relevant quantity, with the possible relocation of the pollution of a medium (water, air, soil) must be taken into account in order to contribute to a high level of protection of the environment as a whole; where appropriate, other technical measures corresponding to the state of the art may be taken into account; , which shall result in an equivalent result, the technical the nature of the IPPC plant concerned, its geographical location and the local environmental conditions in question;
2.		requirements for the monitoring of emissions (including measurement methodology, measurement frequency and evaluation procedures, as well as in the cases referred to in paragraph 8 Z 2 of the requirement that the results of the monitoring of emissions for the same periods and the reference conditions must be available as for the emission values associated with the best available techniques); the monitoring requirements shall be based, where appropriate, on the monitoring requirements set out in the BAT conclusions;
3.		the obligation on the holder of the IPPC plant to transmit the following documents to the Authority on a regular basis, at least once a year:
a)			information based on the results of the emission monitoring (Z 2) and any other necessary data enabling the Authority to verify compliance with the state of the situation; and
b)			in the cases referred to in paragraph 8 (2), a summary of the results of the emission monitoring system, which makes it possible to compare the emission values associated with the best available techniques;
4.		appropriate requirements for the protection of soil and groundwater, as well as appropriate requirements for regular maintenance and monitoring of the measures to prevent soil and groundwater pollution;
5.		appropriate requirements concerning the recurrent monitoring of soil and groundwater on the relevant hazardous substances (§ 120a Z 6), which are likely to be encountered on the spot, taking into account possible soil and Groundwater pollution on the site of the IPPC investment; the periodic monitoring must be carried out at least every five years for the ground water and at least every ten years for the soil, unless such monitoring is carried out on the basis of: a systematic assessment of the risk of pollution;
6.		Measures for other than normal operating conditions.

(3) The BAT conclusions contained in the BAT reference pages are the reference documents for the approval, the substantial change and the adjustment (§ 121c) of IPPC installations with the date of publication in the Official Journal of the European Union , Pending the existence of BAT conclusions within the meaning of the first sentence, with the exception of the setting of emission limit values in accordance with paragraphs 8 and 9, conclusions on the state of the art from BAT leaflets, which are drawn up by the European Commission before the 6. January 2011 was adopted as reference documents for the approval or substantial modification of IPPC systems. The Federal Minister for Science, Research and the Economy publishes the references of the BVT-Conclusions and BVT-Merkblätter relevant for IPPC plants on the homepage of the Federal Ministry for Science, Research and Economy.

(4) If the notification of consent is based on a state of the art, which is not described in any of the relevant BAT conclusions, it must be ensured that the technology applied and the way in which the IPPC plant is planned, shall be constructed, maintained, operated and abandoned, taking into account the criteria set out in Appendix 6 to the Industrial Regulations 1994, and that the requirements of paragraphs 7 to 10 are met.

If the relevant BAT conclusions do not contain any emission values associated with the best available techniques, it must be ensured that the technology established in accordance with paragraph 4 achieves an environmental protection level which is the same as in the shall be equivalent to the state of the art described in the relevant BAT conclusions.

(6) In the case of an activity or production process in an IPPC facility, no BAT conclusions are available, or if these conclusions do not cover all possible environmental impacts of the activity or process, the Authority shall, in accordance with Consultation of the holder of the authorization to prescribe the conditions required on the basis of the state of the art, taking into account the criteria set out in Annex 6 to the Industrial Regulations 1994.

(7) The emission limit values for pollutants referred to in paragraph 2 (1) (1) shall apply at the point where emissions leave the IPPC plant parts, where any dilution before this point is not taken into account in setting the limit values. The emitted pollutant load is the criterion to be minimised. The water legislation remains unaffected.

(8) With regard to the emission limit values referred to in paragraph 2 (1) (1), one of the following measures shall be taken to ensure that emissions under normal operating conditions are the emission values associated with the best available techniques, BVT-conclusions not exceeding in accordance with paragraph 3:

1.		Determination of emission limit values which do not exceed the emission values associated with the best available techniques; these emission limit values shall be set for the same or shorter periods and under the same reference conditions expressed in terms of the emission values associated with the best available techniques; or
2.		Determination of emission limit values which differ from the emission limit values set out in Z 1 in respect of values, time periods and reference conditions; in this case, the Authority shall have at least annually the results of the emission control in order to ensure that emissions under normal operating conditions have not exceeded the emission levels associated with the best available techniques.

(9) By way of derogation from paragraph 8, without prejudice to paragraph 11, the Authority may, in special cases, lay down less stringent emission limit values if an assessment shows that the achievement of the emission levels associated with the best available techniques according to the description in the BAT conclusions due to the geographical location and the local environmental conditions of the IPPC plant or the technical characteristics of the IPPC plant as measured by the environmental benefits to disproportionately higher costs would lead. In any case, it is necessary to ensure that no significant environmental pollution is caused and a high level of protection for the environment as a whole is achieved. The grant decision shall record the results of the assessment and justify the imposition of less stringent emission limit values within the meaning of the first sentence and the conditions laid down.

(10) The Authority may, for a total period of not more than nine months, temporary derogations from the requirements referred to in paragraphs 8 and 9 and from the precautionary measures to be taken pursuant to paragraph 1 (1) (1) for the testing and application of Future techniques shall be approved provided that, after the specified period, the application of the technology concerned is terminated or at least the emission levels associated with the best available techniques are reached within the framework of the activity.

(11) In the notification of consent for IPPC installations, certain appropriate conditions beyond the state of the art shall be required if and to the extent that this is necessary to prevent the exceeding of an immission limit value established in accordance with Union law is required.

(12) In the editorial part of a daily newspaper widely used in the state, the Authority has announced that the decision on authorisation should be published in a periodically appearing newspaper published in the municipality concerned and on the Internet. for an IPPC facility within a specified period of at least six weeks at the authority of the Authority during the period of office for inspection. Business and business secrets are to be maintained. This notification shall also contain information on the procedure for public participation.

(13) In proceedings concerning the authorization or the approval of a substantial change (§ 121b Z 1) of an IPPC plant, the following environmental organisations also have party status:

1.		Environmental organisations recognised in accordance with Article 19 (7) of the UVP-G 2000, insofar as they have made written objections during the period of application for the application of Article 121d (2) (1) (1); the environmental organisations have the right to comply with environmental protection regulations in the proceedings and to take legal action;
2.		environmental organisations from another Member State,
a)			in so far as a notification of the other State has been made in accordance with section 121d (5) for the purposes of the establishment, the holding which is subject to authorisation or the substantial change subject to the authorisation,
b)			provided that the establishment, the operation subject to authorisation or the substantial change subject to authorisation is likely to have an effect on that part of the environment of the other State for whose protection the environmental organisation enter,
c)			provided that the environmental organisation in the other State is involved in the procedure concerning the establishment, the operation subject to authorisation or the substantial modification of an IPPC plant situated in the other State , and
d)			as far as they have filed written objections during the period of the application pursuant to Section 121d (2) (1) (1).
The environmental organisations have the right to enforce compliance with environmental protection rules in the proceedings and to take legal action.

(14) The decision shall be notified to the conscription advertiser, the other parties to the procedure, the municipality and the authorities in whose body the authority has become active.

§ 121a. (1) In the case of IPPC installations, for the manufacture, operation or modification of IPPC plants, also in accordance with other administrative regulations of the Federal Republic of Germany, a permit (authorization) for protection against the effects of the IPPC system or for the protection of the appearance of the IPPC plant , unless otherwise specified in the following, separate authorisations (authorisations) shall be dispensed with in accordance with these other administrative provisions, but the substantive approval (authorisations) of their authorisations for the granting of such authorisations shall be granted to apply the authorization in accordance with this Federal Act. The procedure shall be to assist experts in the areas covered by the other administrative provisions. The authorization shall also be deemed to be a corresponding authorisation (authorization) in accordance with the other administrative provisions of the Federal Republic of Germany. The co-application of the provisions of the Water Rights Act 1959 (WRG 1959), BGBl. N ° 215, refers to the following measures relating to the production and operation of the IPPC plant:

1.		Water-removal for fire-extinguishing purposes (§ § 9 and 10 WRG 1959);
2.		Earth and water heat pumps (§ 31c (6) WRG 1959);
3.		Waste water discharges into water bodies (§ 32 para. 2 lit. a, b and e WRG 1959), with the exception of waste water discharges from installations for the treatment of waste water collected in a public sewer system;
4.		Storage of substances which have the consequence that the groundwater is contaminated by the penetration (seepage) of substances into the soil (§ 32 para. 2 lit. c WRG 1959);
5.		Waste water discharges in water-approved sewage treatment plants (§ 32b WRG 1959);
6.		Removal of roof, parking and road waters.
In particular, the provisions of the 1959 WRG relating to the state of the art, including the granting of exemptions from the state of the art, personal cargo of parties, emission and immission limitations and monitoring, are in any case accompanied by , The water-legal facts to be used shall be subject to a separate meeting point.

(2) The Authority shall coordinate the authorization procedure referred to in paragraph 1 with the other competent authorities if, in accordance with other administrative provisions not included in paragraph 1, an authorisation, authorisation or indication for protection is provided for Effects of the IPPC system or for the protection of the appearance of the IPPC system is required.

(3) The administrative powers and functions existing pursuant to other administrative provisions of the Federal Government within the meaning of paragraph 1 of this Regulation to verify the execution of the installation, the control, the production of the legal status, the security of the security, the subsequent consensual adjustment, for the introduction and implementation of measures in connection with the establishment, operation, modification and dismissal, the re-awarding of rights of IPPC installations are by the Authority, with regard to the Water Rights Act 1959 only for the measures referred to in paragraph 1 (1) (1) to (6). The jurisdiction of the Governor of the Land according to § 17 of the Waste Relief Act (Altlastensanierungsgesetz), BGBl. No 299/1989, as amended, is without prejudice to the current version. The provisions relating to general water supervision (§ § 130 ff WRG 1959) remain unaffected.

(4) Paragraph 3 is in respect of the tasks and powers conferred by the Labour Inspectorate Act 1993, BGBl. No 27, which is the responsibility of the labour inspectorate, should not be applied.

§ 121b. In order to modify an IPPC asset:

1.		The essential change (this is a change which may have significant adverse effects on humans or the environment) requires an authorization within the meaning of § 121. The change permit also has to include the already approved IPPC plant as far as is necessary because of the change in respect of the interests circumscribed in § 121 (1) compared to the already approved IPPC plant. In any event, an amendment which, in itself, reaches the threshold defined in Appendix 3 to the Industrial Regulations 1994, shall be deemed to be a substantial change, provided that such a threshold is laid down in Appendix 3 to the Industrial Code in 1994.
2.		A change in the holding (which is the change in the nature or functioning or an extension of the IPPC plant which may affect the environment only) is the authority of the holder of the IPPC plant four weeks before the date of . The Authority shall have this ad, if necessary by issuing certain appropriate orders for the fulfilment of the requirements laid down in Article 121 (1), (2) and (11) and in the administrative provisions referred to in Article 121a (1), with: To take note of the information. This communication forms an integral part of the grant decision.
3.		§ 119 (9) shall apply to a change not covered by Z 1 or under Z 2, provided that the conditions are met.

§ 121c. (1) Within one year of the publication of BAT conclusions on the IPPC system, the holder of the facility shall inform the Authority whether the state of the art relating to its IPPC plant has changed; the notification shall, where appropriate, be include the application for the establishment of less stringent emission limit values within the meaning of section 121 (9). Where appropriate, the adaptation measures necessary for adaptation to the state of the art must be taken immediately. The communication and adaptation measures shall also take account of the BAT conclusions concerning the IPPC Annex, the release or updating of which have been published since the approval or since the last adjustment of the IPPC system. . § § 119 (11) and (121b) remain unaffected.

(2) At the request of the Authority, the holder of the IPPC system shall have all the information necessary for the review of the approval requirements, in particular results of emission monitoring and other data, which shall compare the operation of the To communicate with the state of the art in accordance with the applicable BAT conclusions and with the emission values associated with the best available techniques.

(3) The Authority shall review the fact that the holder of the IPPC facility has not sufficiently taken measures within the meaning of the first paragraph, or is this with a view to an advance of emission limit values within the meaning of Article 121 (7) to (10) , the Authority shall arrange for such measures to be taken by the Authority. Section 119 (11) shall not apply to the implementation of such administrative measures. Under the conditions laid down in Article 121 (9), less stringent emission limit values may be laid down on request within the meaning of the first sentence of paragraph 1 of the second sentence, which shall be reassessed in the course of the next adjustment within the meaning of these provisions. For the purpose of the review of the IPPC system, the Authority shall use the information obtained in the course of monitoring or environmental inspections (§ 121g).

(4) The measures referred to in paragraphs 1 and 3 shall ensure that the IPPC plant meets the requirements referred to in paragraphs 1 and 3 within four years of the publication of the BAT conclusions on the IPPC plant.

(5) Where the Authority, when adjusting the permit conditions referred to in these provisions, finds, in justified cases, that more than four years from the publication of BAT conclusions concerning the introduction of new best available techniques, , it may, in accordance with the provisions of section 121 (9), lay down a longer period of time in the permit conditions. The objectives and principles set out in Article 121 (1) are to be taken into consideration.

(6) In any event, the Authority shall also review the consensus of the IPPC annex and, if necessary, arrange for appropriate adaptation measures within the meaning of paragraph 3, if:

1.		operational safety requires the use of other techniques,
2.		this is necessary in order to prevent the exceeding of a new or amended EU immission limit within the meaning of section 121 (6);
3.		the IPPC plant is not covered by any BVT conclusions and developments in the state of the art allow a significant reduction in emissions.

(7) If the measures to be set out in accordance with paragraphs 3 to 6 are altered by an IPPC plant in their nature, the Authority shall inform the holder of the installation with a view to the attainment of the adequate protection of interests and of the limitation of the emissions of air pollutants according to the state of the art within a time-limit appropriate to the time required for the installation to be submitted for approval of the plant; the principle of the reorganisation concept is the principle of to apply proportionality, which means that the effort is not disproportionate to the is to be allowed to succeed. In particular, account shall be taken of the nature, quantity and hazards of the emissions from the installation and of the immissions it causes, as well as the duration of use and the technical characteristics of the installation. In the communication authorising the reorganisation, the Authority shall, if necessary under certain conditions, set a time limit for the implementation of the remediation in respect of the intended reorganisation measures. Section 119 (11) shall not apply to this rehabilitation.

(8) If the pollution caused by the installation is so strong that new emission limit values have to be established, the Authority shall inform the holder of an IPPC annex with a view to the presentation of a concept for the implementation of to request adjustment measures within the meaning of paragraph 1 within a reasonable period of time; the presentation of this concept shall be deemed to be an application for the authorisation of a substantial change in accordance with Section 121a Z 1. In any event, in the notification of change, the Authority shall set a reasonable time limit for the implementation of the adaptation measures.

(9) In the case of the determination of less stringent emission limit values within the meaning of Section 121 (9) in an adjustment procedure, § 121 (12) and (13) and § 121d (2) and (5) to (10) shall apply.

§ 121d. (1) Insofar as not already required in accordance with § 119, a request for approval for an IPPC plant to be approved in accordance with § 121 shall contain the following information:

1.		the substances and energies used or produced in the IPPC plant;
2.		a description of the state of the site of the IPPC investment;
3.		A report on the initial state (para. 3) in view of possible pollution of the soil and groundwater on the plant site, if relevant hazardous substances are used, produced or released in the IPPC plant;
4.		the sources of emissions from the IPPC investment;
5.		the nature and quantity of the foreseeable emissions from the IPPC plant in each environmental medium;
6.		the likely significant impact of emissions on the environment;
7.		Measures to monitor emissions;
8.		measures to prevent or, where this is not possible, reduce emissions;
9.		other measures for the fulfilment of the conditions laid down in § 121;
10.		the main alternatives examined by the applicant, where appropriate, to the technologies, techniques and measures proposed in an overview ;
11.		a general summary of the above as well as the information required in accordance with § 119 (1) (1) and (4).
If the provisions of the WRG are to be applied in 1959 (Section 121a (1)), the acquirer of the authorization shall indicate to the water-economic planning body the basic features of the project even before the request for approval.

(2) The Authority shall announce the application for the approval of the IPPC plant in the editorial part of a daily newspaper widely used in the state, in a periodically published newspaper published in the affected community and on the Internet. Business and business secrets are to be maintained. § 119 (2) remains unaffected. In any event, the notice shall contain the following information:

1.		an indication of the authority of the application and of the main decision-making reports and recommendations at the time of the notice to the Authority, within a given period of at least six weeks during the period of office for inspection, and that any person may submit comments on the application within that period of at least six weeks;
2.		an indication that the decision is made with a decision;
3.		an indication that any further information relevant to the decision, which is not yet available at the time of the contract notice, will subsequently be taken up by the Authority during the authorisation procedure during the term of office for inspection;
4.		where appropriate, the need for contact and consultation in accordance with paragraphs 4 and 5.

(3) The baseline report shall contain the information necessary to determine the level of soil and groundwater pollution, so as to provide a quantified comparison with the state of the IPPC installation. can be made. The report must be

1.		information on the current use and, if available, on the earlier use of the site, and,
2.		where available, existing information on soil and groundwater measurements which reflect the condition at the time of preparation of the report or, alternatively, new ground and groundwater measurements with regard to the possibility of: pollution of the soil and groundwater by the dangerous substances used, produced or released by the installation concerned,
.

(4) The provisions of paragraphs 1 to 3 shall apply mutatily to the application for the approval of a substantial change (§ 121b Z 1) of an IPPC system.

(5) If the implementation of a project for an IPPC plant or for the substantial change (§ 121b Z 1) of such an IPPC plant could have a significant impact on the environment of another State, or if one of the effects of such an IPPC plant has been where such a project may require a State concerned to do so, the Authority shall have that State at the latest when the announcement (para. 2) is to be notified of the project. Available information on possible cross-border effects and on the expiry of the authorisation procedure shall be provided. A reasonable period of time for notification of the desire to participate in the procedure shall be granted.

(6) The State (par. (5) to participate in the proceedings, the application documents and any other documents relevant to the decision which have not yet been submitted to the Authority at the time of notification in accordance with paragraph 2 shall be assigned to it and shall be submitted to the Authority by a to give an appropriate time limit for opinion. The time limit shall be such as to enable the State participating in the procedure to make the request documents available to the public and to give its opinion. Where necessary, consultations shall be held on possible cross-border effects and any measures to prevent or reduce harmful transboundary environmental impacts.

(7) The results of the investigation procedure, the main reasons for the decision, information on the procedure for public participation and the decision on the request for consent shall also be a State participating in the proceedings. ,

(8) If, in the context of a procedure carried out in another State concerning the authorization or the substantial change (Section 121b Z 1) of an IPPC system, the request for consent is transmitted, the Authority shall proceed in accordance with the provisions of paragraph 2. Opinions received by the Authority shall be submitted by the Authority to the State in which the project to which the request for authorisation relates is to be carried out.

(9) The provisions of paragraphs 5 to 8 shall apply to States not party to the Agreement on the European Economic Area only in accordance with the principle of reciprocity.

(10) Special state-contractual arrangements shall remain unaffected.

§ 121e. The holder of an IPPC system shall immediately inform the Authority of a serious accident within the meaning of § 2 Z 3 of the Mining Accident Ordinance, BGBl, which is not covered by § 182. II No 103/2007, having significant effects on the environment or incident which have a significant impact on the environment. It shall immediately take measures to limit the environmental impact and to avoid any further possible accidents or incidents. The Authority shall, if necessary, take appropriate measures to limit the environmental impact and to avoid any further possible accidents or incidents.

§ 121f. (1) The holder of an IPPC facility shall inform the Authority without delay in the event of non-compliance with the approval of the consent and shall immediately take the necessary measures to ensure that compliance with the requirements is so rapid to be restored as possible. The Authority shall, where appropriate, notify any further measures necessary to restore compliance with the approval consensus.

(2) Defects or deviations indicated in accordance with paragraph 1, for which suggestions are contained in the information for the immediate correction of the defects or for the immediate elimination of the deviations from the consenitional condition, do not form Administrative transgressions within the meaning of Section 193 (2), provided that the conditions for a measure are not fulfilled in accordance with Section 178 (2), second sentence, and that the correction or elimination of the authority is demonstrated without delay.

§ 121g. (1) IPPC installations must be subject to periodic environmental inspections within the meaning of paragraphs 2 to 5; in respect of the recovery of experts, § § 52 to 53a AVG shall apply.

(2) On the basis of an inspection plan drawn up or updated in accordance with Section 63a (2) and (3) of the AWG 2002, the Governor of the State shall regularly draw up programmes for routine environmental inspections in which the frequency of the On-the-spot surveys for the different types of IPPC installations are specified. The period between two on-site visits has to be based on a systematic assessment of the environmental risks associated with the IPPC plant and may be one year at IPPC installations of the highest risk level and three years for IPPC installations of the IPPC plant. Do not exceed the lowest risk level. If an inspection finds that an IPPC plant is seriously in breach of the approval consensus, an additional on-site inspection must be carried out within the next six months following that inspection.

(3) The systematic assessment of environmental risks shall be based at least on the following criteria:

1.		the possible and actual effects of the IPPC installations on human health and the environment, taking into account the emission values and types, the sensitivity of the local environment and the risk of accidents;
2.		Previous compliance with the approval consensus;
3.		Participation of the IPPC plant owner in an audit of the environment within the meaning of Regulation (EC) No 1221/2009 on the voluntary participation of organisations in a Community eco-management and audit scheme and for the repeal of the of Regulation (EC) No 761/2001, and of Commission Decisions 2001 /681/EC and 2006 /193/EC (EMAS), OJ L 145, 31.6.2001, p. No. 1, or an environmental audit within the meaning of ÖNORM EN ISO 14001 "Environmental Management Systems-Requirements with guidance on the application (ISO 14001:2004 + Cor.1:2009) (consolidated version)" of 15 August 2009 (available at the Austrian Standards Institute/Österreichische Normungsinstitut, Heinestraße 38, 1021 Vienna).

(4) Non-routine environmental inspections must be carried out in order to deal with complaints of serious environmental damage, serious environmental accidents and incidents, and infringements of the relevant legislation. as soon as possible and, where appropriate, before the granting of an authorisation, a modification permit or the adaptation of an IPPC installation within the meaning of § 121c investigations.

(5) After each on-the-spot visit, the Authority shall have a report with relevant findings concerning compliance with the approval consensus by the IPPC annex concerned and conclusions on the possible need for further action create. Within two months of the on-the-spot survey, the report shall be forwarded to the IPPC plant owner for an opinion; within four months of the on-the-spot visit, the Authority shall announce the report on the Internet; In any event, this announcement shall contain a summary of the report and the indication of where further information is to be obtained. Business and business secrets are to be maintained. The Authority shall ensure that the IPPC asset holder takes the measures referred to in the report within a reasonable period of time.

§ 121h. (1) In the event of the dismissal of an IPPC system, the display of the holder of the facility pursuant to Section 119 (14) shall contain the following:

1.		In the event of a report on the initial condition referred to in Article 121d (3), an assessment of the state of soil and groundwater pollution caused by relevant hazardous substances used, produced or released by the IPPC plant. Where significant soil and groundwater pollution with relevant hazardous substances has been caused by the IPPC plant compared to the state indicated in the baseline report, a presentation of the necessary measures shall be taken to: Elimination of this pollution in order to return the terrain to that condition.
2.		If a report on the initial condition is not available in accordance with Section 121d (3), because the adjustment has not yet been carried out within the meaning of § 121c or there is no obligation to draw up a report, an assessment of whether the pollution of soil and groundwater on the The site poses a serious threat to human health or the environment as a result of the approved activities. In the presence of a hazard, a presentation of the necessary measures for the elimination, prevention, control or reduction of relevant hazardous substances in order to ensure that the terrain is carried out, taking into account its current or approved future use no longer poses such a risk.

(2) If the holder of an IPPC facility does not show or carry out the assessment required pursuant to paragraph 1 (1) (1) (1) (1), the competent authority shall, in the event of a definitive cessation of the activities, not show or carry out any necessary measures. significant soil and groundwater pollution with relevant hazardous substances, in comparison with the state indicated in the report on the initial state, the necessary measures for the elimination of such pollution; in order to return the terrain to that condition. The technical feasibility of such measures may be taken into account.

(3) If the holder of an IPPC facility does not display or implement the assessment required pursuant to paragraph 1 (2) (2) or any necessary measures, the competent authority shall, in the case of a final cessation of the activities, not show or carry out any necessary measures. (i) take up the necessary measures to eliminate, prevent, reduce or reduce the relevant hazardous substances in order to ensure that the site is exposed to serious risks to human health or the environment; , taking into account its current or approved future use, no such danger is more.

(4) The Authority shall announce the measures taken on the Internet when an IPPC facility is released. "

9. § 182 with headline reads:

" Safety measures for the control of major-accident hazards involving dangerous substances

§ 182. (1) The aim of the provisions of paragraphs 2 to 4 is to prevent serious accidents involving dangerous substances and to limit their consequences. The requirements laid down in paragraphs 2 to 4 must be fulfilled in addition to the requirements laid down in other provisions of this Federal Act; with the exception of paragraph 3, they do not establish a party position and are not subject to approval requirements. The provisions of paragraphs 2 to 4 do not apply to the dangers arising from substances caused by ionizing radiation.

(2) § § 84b to 84l, 84n and 84o of the Industrial Code 1994 are subject to the provision that competent authorities are the authorities in accordance with § § 170 and 171 to apply mutatily to

1.		the chemical or thermal processing of mineral raw materials, to the extent that such activity is subject to this Federal Act,
2.		the storage in connection with an activity referred to in Z 1,
3.		operating facilities, including tailings ponds or settling basins, in operation, and
4.		Underground gas storage facilities in natural earth formations, aquifers, salt caverns and decommissioned mines,
if dangerous substances are present in quantities (Section 84b Z 9 of the 1994 Industrial Code),
-		which correspond to or exceed the quantities referred to in column 2 of Annex 5, column 2 or 2, column 2, to the industrial order 1994, or
-		which correspond to, or exceed, the quantities referred to in column 3 of Appendix 5, column 3 or 2, column 3, to the industrial order 1994,
where, where appropriate, the addition rule shall be applied in accordance with the notes to Appendix 5 Z 4 to the 1994 Commercial Code.

(3) In the case of the granting of an authorization for the facilities and facilities referred to in paragraph 2, § 119 (3) shall apply, with the proviso that a hazard to neighbors is not to be expected on the basis of immissions in the event of a serious accident; this also applies to a risk to the conservation of wild birds pursuant to Directive 2009 /147/EC, OJ L 206, 22.7.2009, p. No. OJ L 20 of 26.01.2010 p. 7, as last amended by Directive 2013 /17/EU, OJ L 206, 22.7.2013, p. No. 193., or Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora, OJ L 206, 22.7.1992, p. No. OJ L 206 of 22.07.1992 p. 7, as last amended by Directive 2013 /17/EU, OJ L 206, 22.7.2013, p. No. 193, designated protected areas or water protection areas, nature conservation and national park areas, and main railways in the sense of the Railway Act 1957, BGBl. No 60/1957, or national roads, Main roads in Vienna, expressways and motorways, including their road users. To this end, insofar as this is not already provided for in a regulation pursuant to § 181, it is necessary to comply with an appropriate distance to the hazard potential of the installation or otherwise, in particular by means of structural or organisational measures. Precautions must be taken to ensure that a hazard is not to be expected.

(4) The Federal Minister for Science, Research and the Economy, in agreement with the Federal Minister for Agriculture, Forestry, the Environment and Water Management, has laid down detailed rules in accordance with the state of the art (Section 109 (3)). over

1.		the obligations of the holder after a major accident;
2.		the security concept,
3.		the security management system,
4.		the safety report,
5.		the internal emergency plan and
6.		Monitoring of settlement (Article 13 of Directive 2012 /18/EU)
"

10. § 193 the following paragraph 10 is added:

" (10) Those who disregard the obligation to report in accordance with § 222b (2) or (5) shall be subject to an administrative surrender and shall be fined up to EUR 3 600, in the case of their non-compliance with a replacement custodial sentence of up to six weeks, to punish. "

11. In § 221a, after the turn " of the Environmental Impact Assessment Act 2000 (UVP-G 2000), BGBl. No 697/1993, " the twist " of the Water Rights Act 1959 (WRG 1959), BGBl. No 215/1959, the Labour Inspectorate Act 1993 (ArbIG), BGBl. No 27/1993, the Railways Act 1957, BGBl. No 60/1957, " inserted.

12. In accordance with § 222a the following § 222b with title is inserted:

" Reports on offshore oil and gas activities

§ 222b. (1) The following definitions shall apply to the following paragraphs:

1.		"registered company in Austria": company registered in the Austrian company register;
2.		"Offshore" means the property, in the territorial sea, in the exclusive economic zone, or on the continental shelf within the meaning of the United Nations Convention on the Law of the Sea, BGBl. No 885/1995;
3.		"offshore oil and gas activities" means all activities within the meaning of Article 2 (3) of Directive 2013 /30/EU on the safety of offshore oil and gas activities and amending Directive 2004 /35/EC, OJ L 327, 30.4.2004, p. No. OJ L 178, 28.06.2013 p. 66;
4.		"licence holder" means the holder or the common holder of a licence (ie. an authorisation for offshore oil and gas activities within the meaning of Directive 94 /22/EC concerning the granting and use of authorisations for the prospection, exploration and production of hydrocarbons, OJ L 327, 22.9.1994, p. No. 3., corrected by OJ L 164, 30.6.1994, p. No. OJ L 79, 29.03.1996 p. 30);
5.		"operator" means the operator (s) of the licence holder or of the licensee (ie. by the State authority responsible for the granting of authorisations within the meaning of Directive 94 /22/EC or the monitoring of their use) for the carrying out of offshore oil or gas activities, including planning and Carrying out drilling operations or the management and control of the functions of a conveyor system-named equipment;
6.		"serious accident" means an incident within the meaning of Article 2 (1) of Directive 2013 /30/EU;
7.		"Annex" means a fixed or mobile facility or a combination of installations permanently linked to one another by bridges or other structures used for offshore oil and gas activities or in connection with them. Installations shall also be movable offshore drilling units, if they are deployed in offshore waters for drilling or promotional activities or other offshore oil and gas activities related activities in offshore waters;
8.		"tied infrastructure" means any boreholes and associated structures, additional units and equipment attached to the installation, within the security zone (within a distance of 500 m from each part of the installation); any equipment or components that are located on or attached to the main structure of the installation, as well as any connected line systems or components.

(2) Companies registered in Austria who, themselves or through subsidiaries, carry out offshore oil and gas activities outside the European Union as licence holders or operators, have the Federal Minister for Science, Research and Research and the economy, on request, on the circumstances of a serious accident in which they were involved, within one month. The report request shall specify what information is required in detail. The report request does not refer to personal data within the meaning of § 4 Z 1 of the Data Protection Act 2000.

(3) If several companies are eligible for the reporting obligation pursuant to paragraph 2, priority shall be given to the subsidiary registered in Austria, which carries out the offshore oil and natural gas activities as licence holder or operator, itself Reportable.

(4) The Federal Minister for Science, Research and the Economy shall forward a report in accordance with paragraph 2 to the European Commission.

(5) A company shall immediately notify the Federal Minister for Science, Research and Economic Affairs that it carries out activities, itself or through subsidiaries, for which a reporting obligation pursuant to paragraph 2 comes into consideration, as well as the place of the Exercise and indication of whether the undertaking itself or through its subsidiaries as licence holder or operator carries out offshore oil and natural gas activities outside the European Union. The Federal Minister for Science, Research and the Economy must also report changes to the conditions that are relevant to the reporting requirements. "

Section 223, the following paragraphs 27 to 36 shall be added:

" (27) By the Federal Law BGBl. I n ° 80/2015, the following European Union directives are implemented for the scope of the MinroG:

1.		Directive 2010 /75/EU on industrial emissions (integrated pollution prevention and control), OJ L 136, 31.5.2010, p. No. 17, as amended by the corrigendum OJ L 376, 27.12.2010, p. No. OJ L 158, 19.06.2012 p. 25;
2.		Directive 2012/18/EU on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Directive 96 /82/EC, OJ L 327, 28.12.1996, p. No. OJ L 197 of 24.07.2012 p. 1;
3.		Directive 2013 /30/EU on the safety of offshore oil and gas activities and amending Directive 2004 /35/EC, OJ L 206, 22.7.2004, p. No. OJ L 178, 28.06.2013 p. 66.

(28) The table of contents, § 109 para. 3, § 119a para. 7, § § 120a to 121h and § 221a in the version of the Federal Law BGBl. I n ° 80/2015 will enter into force with the end of the day of the customer's announcement in the Federal Law Gazans. § 182, § 193 (10), § 222b (1) to (4) and Section 224 (1) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 80/2015 will enter into force with the end of the day of the event in the Bundesgesetzblatt (Bundesgesetzblatt), but no earlier than 1 June 2015. Section 222b (5) shall enter into force one month after the end of the day of the event in the Federal Law Gazans, but at the earliest with 1 July 2015.

(29) IPPC installations which are available before the end of the 7. Jänner 2013 have been approved by law or for those on 7. Jänner 2013 was pending an approval procedure and at the latest by the 7. Jänner 2014 was put into operation, are within the scope of the 7. In accordance with § 121c, the next adaptation of the IPPC system according to § 121c to the state of the art contained in the BAT conclusions should be adapted as necessary.

(30) Where relevant hazardous substances are used, produced or released in an IPPC plant within the meaning of paragraph 29, the holder of the plant shall, with a view to possible pollution of the soil and groundwater on the IPPC plant site, have the following: the 7. To prepare a report on the initial state of the IPPC plant in accordance with § 121c, and to submit it to the Authority for the next adaptation of the IPPC plant.

(31) With regard to the date of entry into force of the Federal Law BGBl. I n ° 80/2015 already published BAT conclusions begin the year-end within the meaning of § 121c (1) first sentence with the end of the day of the proclamation of the Federal Law BGBl. I n ° 80/2015 in the Federal Law Gazans.

(32) § 121a (1) Z 6 in the version of the Federal Law BGBl. I n ° 80/2015 is at the time of the proclamation of the Federal Law BGBl. I No 80/2015, which has not yet been passed on by a legally binding procedure.

(33) Regulations on the basis of Section 182 (4) in the version of the Federal Law BGBl. I n ° 80/2015 can already be used before the entry into force of § 182 in the version of the Federal Law BGBl. I n ° 80/2015, but they shall enter into force at the earliest on the date referred to in paragraph 28, second sentence.

(34) On the basis of Section 182 (3), as amended, before the entry into force of the Federal Law BGBl. I n ° 80/2015, Mining and Accident Ordinance-Mining-UV, BGBl. II No. 103/2007, is deemed to be based on § 182 (4) in the version of the Federal Law BGBl. I No 80/2015 adopted Regulation.

(35) § 182 (3) in the version of the Federal Law BGBl. I n ° 80/2015 is on the date of entry into force of § 182 in the version of the Federal Law BGBl. I No 80/2015, which has not yet been passed on in a legally binding manner pursuant to § 119.

(36) One on the entry into force of § 182 in the version of the Federal Law BGBl. I n ° 80/2015 existing underground gas storage facility in natural earth formations, aquifers, salt caverns or decommissioned mines is considered to be "other operation" within the meaning of section 182 (2) in the version of the Federal Law BGBl. I n ° 80/2015 in conjunction with § 84b Z 7 of the 1994 Commercial Code. "

14. In Section 224 (1), the turn "§ § 121 (7) and 182 (3)" through the turn "§ 182 (4)" replaced.

Fischer

Faymann