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Modification Of The Aviation Act, The Airport Ground Handling Law And The Environmental Compatibility Verification Act 2000

Original Language Title: Änderung des Luftfahrtgesetzes, des Flughafen-Bodenabfertigungsgesetzes und des Umweltverträglichkeitsprüfungsgesetzes 2000

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149. Federal law amending the Aviation Act, the Airport Ground-handling Act and the Environmental Impact Assessment Act 2000

The National Council has decided:

Item 1

Amendment of the Aviation Act

The Federal Act of 2 December 1957 on Aviation (Aviation Act), Federal Law Gazette (BGBl). N ° 253/1957, as last amended by the Federal Law BGBl. I n ° 88/2006, is hereby amended as follows:

1. In § 62 (4), the citation shall be "136 (1) and (142)" through the citation "136 (1), (142) and (145b)" replaced.

2. In accordance with § 145a, the following § 145b with title is inserted:

" Projects in accordance with the Environmental Impact Assessment Act

§ 145b. (1) For projects concerning airports (§ 64) and which are authorised under the Environmental Impact Assessment Act 2000 (UVP-G 2000), Federal Law Gazette (BGBl). No 697/1993, in addition to the provisions of UVP-G 2000, the following provisions shall apply.

(2) The provision of assistance to neighbours caused by the project may also be carried out by the civil aircraft holder on foreign land with the consent of the owner or the appropriate object-side which is otherwise eligible. Measures, such as construction measures on buildings, are to be implemented. The measures are to be used only for those buildings for which a final building permit is available at the time of the customer's presentation in accordance with § 9 UVP-G 2000. In the event of an impairment of aircraft noise caused by the project, those measures which have been laid down in accordance with the provisions of paragraph 4 of this Regulation shall be set. If the consent is refused, the neighbour shall be treated as if the measures had been set.

(3) The Federal Minister of Transport, Innovation and Technology, in agreement with the Federal Minister for Agriculture, Forestry, the Environment and Water Management, has in agreement with the Federal Minister for Transport, Innovation and Technology for the assessment of aircraft noise caused by the project in accordance with the conditions laid down in the the requirements of noise protection by means of Regulation immission thresholds and the manner in which these noise indices are calculated. If these immission thresholds are exceeded, appropriate object-side measures shall be taken in respect of those housing units for which a final building permit is available at the time of the demonstration pursuant to § 9 UVP-G 2000.

(4) Suitable object-side measures within the meaning of paragraph 3 are sound-protection measures for premises which serve at least predominantly for living and sleeping purposes. These measures are to be determined in agreement with the Federal Minister for Agriculture, Forestry, Environment and Water Management in accordance with the requirements of noise protection with the Federal Minister for Transport, Innovation and Technology regulation.

(5) For the calculation of the immissions, the approved actual state is to be used at the forecast point in time (zero scenario) and the condition changed by the project at the forecast point in time (plan scenario). These scenarios shall be based on the operation at the forecast point in time, taking into account medium-and long-term technical and operational developments. The forecast date must be at least 10 years after the application. "

3. In § 173, the following paragraph 27 is added:

" (27) § § 62 (4) and (145b) together with the title, in each case in the version of the Federal Law BGBl. I No 149/2006, enter into force on 1 September 2006. '

Article 2

Amendment of the airport ground handling law

The Federal Act on the opening of access to the groundhandling market at airports (Airport Ground Services Act), BGBl. I n ° 97/1998, as last amended by the Federal Law BGBl. I No 32/2002, shall be amended as follows:

1. In § 16, the previous text shall be deemed to be " 2 " . Before that, the following paragraph 1 is inserted:

"(1) The provision of Section 3 (1) (2) shall not apply to airports which have less than two million passengers per year or less than 50 000 tonnes of freight per year."

2. In § 15, the following paragraph 3 is added:

" (3) § 16 in the version of the Federal Law BGBl. I No 149/2006 shall enter into force with the day following the presentation in the Bundesgesetzblatt. "

Article 3

Amendment of the Environmental Impact Assessment Act 2000

The Federal Act on Environmental Impact Assessment (Environmental Impact Assessment Act 2000), BGBl. N ° 697/1993, as last amended by the Federal Law BGBl. I n ° 14/2005, shall be amended as follows:

In Article 17 (3), the following sentence is added:

" For projects of paragraph 14, provided that they are airports pursuant to § 64 of the Aviation Act, BGBl. No 253/1957, is the reasonableness of harassment within the meaning of paragraph 2 (2) (2) (lit). c according to existing specific immission protection rules. "

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