96. Federal Law on Strategic Examination in the Transport Sector (SP-V-Law)

The National Council has decided:

Purpose

§ 1. (1) The purpose of this federal law is to propose network changes already before the drafting of draft laws and regulations, which the Federal Minister of Transport, Innovation and Technology of the Federal Government has to offer to the Federal Government. to submit a decision and the subject-matter of which these proposed changes in the network are to be subject to a strategic review.

(2) This federal law provides for Directive 2001 /42/EC of the European Parliament and of the Council on the assessment of the effects of certain plans and programmes on the environment, OJ L 197, 21.7.2001, p. No. OJ L 197/30 of 21 July 2001.

Definitions

§ 2. (1) "Network change" means any change in the nationwide high level traffic network.

(2) The "nationwide high level network of traffic routes" includes:

1.		High-performance stretches,
2.		Waterways,
3.		Federal roads.

(3) "Environmental entities" are the environmental attorneys of the countries concerned in accordance with Section 2 (4) of the Environmental Impact Assessment Act 2000 (UVP-G 2000), BGBl. No 697/1993, the national governments of the countries concerned and the Federal Minister for Agriculture, Forestry, the Environment and Water Management.

(4) A country is an "affected country" if it can be affected by the direct or indirect effects of a network change.

(5) The term "public" means one or more natural or legal persons and their associations, organizations or groups.

(6) Initiator is who proposes a network change. To propose a change in the network are justified:

1.		the Federal Government, represented by the Federal Minister for Transport, Innovation and Technology,
2.		the countries,
3.		the Autobahnen-und Schnellstraßen-Finanzierungs-Aktiengesellschaft,
4.		the ÖBB-Infrastruktur Bau Aktiengesellschaft,
5.		the via donau-Österreichische Wasserstraßen-Gesellschaft m.b.H.,
6.		other authorized establishment companies.

(7) "powers of establishment" means companies which have been established either by federal law or by the state treaty, or on the basis of a federal or state treaty authorization, and whose statutes or The purpose of the company's contract is to finance, plan, build or maintain federal roads, high-performance routes or waterways, or to bring about their financing, planning, construction or maintenance.

Scope of the strategic audit

§ 3. (1) A strategic examination shall be subject to proposed changes in the network according to § 4. The Federal Minister for Transport, Innovation and Technology has a strategic examination before the drawing up of the following draft proposals which he/she intends to submit to the Federal Government for decision-making and the subject-matter of which are proposed network changes:

1.		Draft regulations on the subject:
a)			the declaration of further planned or existing railways on high-performance routes according to § 1 High-Performance Range Act-HlG, BGBl. No 135/1989;
b)			the amendment of regulations in accordance with § 1 of the HlG;
2.		Draft legislation on the declaration of further waters to waterways within the meaning of Section 15 of the Shipping Law and
3.		Draft laws with which additional road trains are included in the directories to the Federal Road Act 1971 or already established street trains from the directories are deleted or changed.

(2) A proposed change of network shall not be subject to a strategic examination if the Federal Minister of Transport, Innovation and Technology, after including the environmental authorities in the form of a case-by-case examination Notes that this proposed change of network is a minor change in the network and that it is not likely to have a significant impact on the change in the network in § 5 Z 4 lit. (a) to (a) to (j) objectives and to the environment. This statement is published on the website of the Federal Ministry of Transport, Innovation and Technology by the Federal Minister for Transport, Innovation and Technology (Federal Minister for Transport, Innovation and Technology), stating the reasons for this finding. technology to publish.

(3) In any case, it is not necessary to carry out a strategic examination within the meaning of paragraph 1 prior to the creation of:

1.		Draft regulations to the extent that the declaration of existing railways, which do not require any or no comprehensive construction measures to optimise the operation of the traffic, is proposed for high-performance routes according to § 1 of the HlG;
2.		Draft regulations to amend regulations in accordance with § 1 of the HlG to the extent that the declaration of existing railways to high-performance routes, which do not require any or no comprehensive construction measures to optimise the operation of the traffic, is proposed;
3.		Draft Regulations to amend Regulations pursuant to Section 1 of the HlG to the extent that it is proposed to withdraw the declaration of planned or existing railway lines to high-performance routes;
4.		Draft legislation that includes a road train as compared to the description in the list by postponing, extending or shortening from a political community to an immediately adjacent community, within cities with municipal districts from a parish district to an immediately adjacent community district.

Proposal for a network change

§ 4. The initiators can make suggestions for network changes. In addition to the cases of § 3 (3), the proposal for a change in the network also includes the creation of an environmental report (§ 6) in coordination with the Federal Minister for Transport, Innovation and Technology. The other initiators affected by the effects of a proposed change in the network, the environmental authorities of affected countries, and the Federal Minister for Agriculture, Forestry, the Environment and Water Management are before the To consult the creation of an environmental report, giving the notified bodies a period of four weeks. The initiator shall not be charged a cost substitute for his expenses.

Strategic audit

§ 5. In the course of a strategic review,

1.		to publish the environmental report (§ 6) prepared by the initiator,
2.		to give the public, the environmental authorities and other initiators the opportunity to deliver an opinion (§ 8),
3.		if the proposed net change is likely to have a significant impact on the environment of another State in accordance with Article 7,
4.		when drawing up the draft environmental report referred to in Article 3 (1), taking into account the results of the participation of the public, the environmental authorities and the initiators and the outcome of the consultations carried out (Section 7 (3)). In addition, the proposed change in the network must take account of the following objectives, which are linked to a nationwide network of traffic routes:
a)			Ensuring sustainable passenger and freight transport under the most socially acceptable and security-oriented conditions;
b)			achievement of the objectives of the European Community, in particular in the field of the implementation of a European transport network and of competition;
c)			to ensure a high level of environmental protection through the integration of environmental considerations;
d)			Strengthening economic and social cohesion in Austria and in the Community,
e)			providing a high-quality transport infrastructure with economic conditions that are as acceptable as possible;
f)			the preservation of the comparative advantages of all modes of transport;
g)			ensuring the best possible use of existing capacities;
h)			-the establishment of interoperability and intermodality within and between the different modes of transport;
i)			To achieve the highest possible overall economic cost-benefit ratio;
j)			To establish a connection to the transport networks of neighbouring countries and to promote interoperability and access to these networks at the same time.

Environmental report

§ 6. (1) The likely significant environmental impact of the proposed change in the network and the reasonable alternatives which take into account the objectives and the geographical scope of the proposed change in the network shall be determined and to describe and evaluate the environmental report.

(2) The environmental report shall contain the following information in a level of detail corresponding to the proposed change in the network:

1.		A presentation of the content and of the main objectives of the proposed change of network and of the relationship with other relevant plans and programmes;
2.		a justification for the proposed network change and a presentation of the expected benefits of the proposed network change;
3.		a description of the intermodal and cross-network alternative test, as well as a justification for the choice of the alternatives examined and a description of how the impact assessment has been assessed on the environment;
4.		a presentation of the relevant aspects of the current environmental status and its probable development in the event of failure to implement the proposed change in the network;
5.		a description of the environmental characteristics of the areas likely to be significantly affected by the proposed network change;
6.		a presentation of the current environmental problems relevant to the proposed change in the network, in particular the problems relating to protected areas in Annex 2, UVP-G 2000, BGBl. No 697/1993;
7.		a description of the environmental objectives relevant to the proposed change in the network;
8.		a description of the likely significant environmental impact, including the impact on aspects such as biodiversity, population, human health, fauna, flora, soil, water, air, climatic factors, property values, cultural heritage, including architecturally valuable buildings and archaeological treasures, the landscape and the interrelationship between the above factors, including secondary, cumulative, synergetic, short-, medium-and long-term, permanent and temporary, positive and negative effects;
9.		a presentation of the measures envisaged to prevent, reduce or, as far as possible, compensate for significant negative environmental impacts associated with the implementation of the proposed change in the network, as well as a description of the relevant planned surveillance measures;
10.		the indication of any difficulties encountered in compiling the information required (in particular technical gaps or lack of knowledge);
11.		a non-technical summary of the information given in Z 1 to 10.

(3) The Federal Minister for Transport, Innovation and Technology may, by means of a regulation, lay down detailed rules for the preparation of the documents for the strategic examination, in particular for those of the environmental report, in agreement with the Federal Minister for Agriculture, Forestry, Environment and Water Management.

Cross-border

§ 7. (1) If a proposed network change is likely to have a significant impact on the environment of another State, or if a State likely to be significantly affected by the effects of the proposed change in the network , the Federal Minister of Transport, Innovation and Technology (Federal Minister for Transport, Innovation and Technology) has proposed that this State should be submitted at the latest by the time of publication of the environmental report (§ 8) of the proposed Notify network change. The State concerned by the proposed change in the network shall be subject to a reasonable period of time for the notification as to whether it intends to participate in the strategic examination.

(2) The Federal Minister for Transport, Innovation and Technology (Federal Minister for Transport, Innovation and Technology) has given the Federal Minister for Transport, Innovation and Technology the draft plan for the proposed change of network as well as the environmental report to the other State. , The other State shall be given a reasonable period of time for its opinion.

(3) At the request of the other State, the Federal Minister for Transport, Innovation and Technology has consultations on the likely cross-border effects of a proposed change of network on the environment , as well as of planned measures to reduce or avoid such effects. An appropriate time frame shall be agreed for the consultations.

(4) Where the environmental report or the draft of a plan or programme is carried out within the framework of an environmental assessment of plans and programmes in the transport sector carried out in another State, the Federal Minister for the Environment, Public Health and Health Transport, innovation and technology the countries to which the implementation of the plan or programme is likely to have a significant impact on the environment, as well as the public and environmental bodies living in the countries according to § 8 . The Federal Minister of Transport, Innovation and Technology has to submit the comments received to the other State.

(5) The State referred to in paragraphs 1 to 4 of this Article shall be a Member State of the European Union bordering on the territory of Austria, or a Contracting Party to the Agreement on the European Economic Area and, in the case of reciprocity, to understand the Swiss Confederation.

(6) State contractual arrangements shall remain unaffected.

Participation

§ 8. (1) The proposed network change and the environmental report are available on the Internet website of the Federal Ministry of Transport, Innovation and Technology by the Federal Minister for Transport, Innovation and Technology on the Internet. . This publication shall be referred to in at least two daily newspapers in the area affected by the proposed network change. The publication shall contain an indication of the form and the position at which opinions may be issued. Everyone has the opportunity to deliver opinions within six weeks of publication on the Internet and on the day of publication of both daily newspapers.

(2) The environmental authorities shall be informed of the publication in accordance with paragraph 1 in a suitable form and in a timely manner. You have the opportunity to deliver opinions within six weeks from the date of the information received.

Information

§ 9. (1) The Federal Minister for Transport, Innovation and Technology (Federal Minister for Transport, Innovation and Technology) immediately after the completion of the law or Draft Regulation to publish the following information on the Internet on the website of the Federal Ministry of Transport, Innovation and Technology:

1.		the draft law on the declaration of waters to the wider waterway; on the declaration of road trains to federal roads and the draft Regulation pursuant to Section 1 of the HlG,
2.		a summary statement. This consists of a representation;
a)			like the environmental considerations in the law or The draft regulation was incorporated,
b)			the environmental report according to § 6 as well as the opinions pursuant to § § 7 and 8 have been taken into account,
c)			for what reasons, after consideration of the alternatives examined, the drafting of the law and/or the draft regulation has been adopted,
d)			the surveillance measures in accordance with § 10, and,
e)			the stipulations for any projects resulting from the proposed network change.

(2) In the event of a cross-border participation in accordance with § 7, the Federal Minister of Transport, Innovation and Technology has the law and/or the Federal Minister for Transport, Innovation and Technology (Federal Minister for Transport, Innovation and Technology) The draft regulation should be published in a suitable form.

Monitoring

§ 10. (1) The Federal Minister for Transport, Innovation and the Federal Minister for Transport, Innovation and the Federal Minister for Transport, Innovation and Technology (Federal Minister for Transport, Innovation and Technology) was the subject of a strategic review in a federal law or in a regulation issued on the basis of a federal law. Technology to monitor the significant impact of this network change on the environment in order to identify, inter alia, early unforeseen impacts and to take appropriate remedial action. The necessary monitoring measures shall be determined on the basis of the information provided in the summary declaration.

(2) In the case of surveillance, the environmental authorities shall be involved. The description of the monitoring activities carried out and the results of the monitoring shall be published on the Internet.

Enforcement

§ 11. The Federal Minister of Transport, Innovation and Technology is responsible for the enforcement of this federal law.

Fischer

Bowl