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Federal Environment Noise Protection Act Federal Lärmg

Original Language Title: Bundes-Umgebungslärmschutzgesetz - Bundes-LärmG

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60. Federal law on the detection of environmental noise and on the planning of noise reduction measures (Federal Environmental Noise Protection Act-Federal Noise Act)

The National Council has decided:

table of contents

§ 1.

Target

§ 2.

Scope

§ 3.

Definitions

§ 4.

Assessment methods and noise indices

§ 5.

Main routes, airports and premises for industrial activities

§ 6.

Strategic environmental noise maps

§ 7.

Action plans

§ 8.

Environmental assessment

§ 9.

Cross-border consultations during an environmental assessment

§ 10.

Information to the public, communication to the Commission

§ 11.

Authorisation

§ 12.

Enforcement

§ 13.

Referral to other federal laws

§ 14.

Implementation Notice

Target

§ 1. (1) The aim of this federal law is to prevent or counteract the harmful effects of environmental noise on human health as well as unreasonable annoyances caused by environmental noise.

(2) In order to achieve this objective, the following measures shall in particular be taken:

1.

Determination of the stresses caused by environmental noise with the aid of strategic environmental noise maps,

2.

To ensure public information on environmental noise and its effects, and

3.

Preparation of action plans based on strategic environmental noise maps with the aim of carrying out noise reduction measures when the extent of exposure to environmental noise to adverse health effects or unreasonable could lead to nuisances and to maintain environmental quality with regard to environmental noise in those cases where it is satisfactory.

Scope

§ 2. This federal law has adopted measures relating to environmental noise in the open air, to the human being by

1.

Transport on federal roads,

2.

Rail transport,

3.

civilian air traffic, or

4.

Activities on sites for industrial activities

are suspended.

Definitions

§ 3. (1) 'environmental noise' means those which are unreasonable to bear in the open air which are caused by human activities and which are caused by road traffic on federal roads, by rail, by civil air transport or by means of public transport; for industrial activities. Noise caused by affected persons themselves, as well as noise inside housing, neighbourhood noise, noise at work, in transport or noise due to military activities in military areas is not a Environmental noise.

(2) The noise indices

1.

" L the " (day-evening-night-noise) for the general load,

2.

" L Day " (daynoise minimum) for the load during the day,

3.

" L Evening " (evening noise) for the exposure during the evening and

4.

" L Night " (night noise) for the night exposure

indicate the average noise exposure to the above-mentioned daily periods in decibels (dB), with reference to relevant standards or calculation methods. More detailed provisions shall be made by regulation in accordance with § 11.

(3) 'agglomeration' means a specific area with an urban character and an average population density of 1000 or more inhabitants per inhabitant, which may also extend over a number of municipalities, where appropriate; Square kilometres of the municipal area or the municipal area and a population of at least 100 000 inhabitants, which is in total. It is to be indicated by means of a regulation in accordance with § 11 which areas are agglomerations within the meaning of this definition.

(4) 'Quiet areas' shall mean areas which, on the basis of their respective designation, have a special protection claim with regard to environmental noise, which may be related to a suitable noise indicator.

(5) "Hauptverkehrsstraße" refers to the roads of categories A and S in accordance with the Bundesstraßengesetz 1971 (BStG 1971), BGBl. No. 286.

(6) "railway line" means any railway which is regularly covered by rail vehicles within the meaning of Article 1 (1) (1) (1) (1) (lit). a and b Railway Act 1957, BGBl. No. 60.

(7) 'main railway line' means any railway line with a traffic volume of more than 30 000 trains per calendar year.

(8) 'tramway' means any railway which is regularly covered by rail vehicles within the meaning of Article 1 (1) (1) (1) (1) (lit). c Railway Act 1957.

(9) 'Airport' means any public aerodrome designated for international air transport and which has the facilities required for this purpose (Section 64 of the Aviation Law, BGBl. No 253/1957 (LFG)), as well as a military airfield with civil co-use (§ 62 LFG), provided that it has a civil aviation operation with international civil aviation and the facilities required for this purpose.

(10) 'major airport' means an airport where there is a traffic volume of more than 50 000 movements (start or landing) per calendar year. These movements are excluded exclusively from the training with light aircraft.

(11) "light aircraft" means an aircraft of the weight category A (single-engine aircraft with a maximum permissible take-off mass up to and including 2 000 kg).

(12) "premises for industrial activities" means the terrain of installations within the meaning of Appendix 3 of the 1994 Commercial Code (GewO 1994), BGBl. No. 194, annexes within the meaning of § § 121 to 121e of the MinroG Act (MinroG), BGBl. I No 38/1999, Annex 5 (1) of the Waste Management Act 2002 (AWG 2002), BGBl. I n ° 102 or annexes, in the case of which § 5 (3) of the German Emissions Protection Act (ECK), BGBl. I No 150/2004.

(13) "Strategic environmental noise map" means a map for the overall assessment of the noise pollution in a given area or for the overall forecast for such a region, to be caused by different sources of noise pursuant to paragraphs 5 to 10 and (12); the drawing up of information on the current or expected environmental noise situation, on the basis of a noise index describing the exceeding of the relevant thresholds, the number of persons concerned in a particular area and in the number of homes in a certain areas are exposed to certain values of a noise index. A strategic environmental noise map is to be developed for each mode of transport on the one hand and the noise from the environment on the other hand for industrial activities in conurbations on the other hand.

(14) 'thresholds for action planning' means values, separated by sound source and noise level, where measures are exceeded in the action plans, in particular in accordance with the provisions of this federal law, or are to be introduced or introduced.

(15) 'Environmental noise limit values' means the values set out in the administrative provisions relating to noise emissions in relation to road, rail or air traffic and activities on the basis of industrial activities for industrial activities.

(16) "Action Plan" means a plan to regulate noise problems and noise effects, including noise reduction where necessary, including, where appropriate, measures for the protection of quiet areas.

(17) "Environmental entities" means environmental lawyers according to § 2 para. 4 Environmental Impact Assessment Act (UVP-G 2000), BGBl. No 697/1993, the State Governments in the exercise of their environmental and planning competences, which may be affected by the direct or indirect effects of the implementation of the action plan, as well as the Federal Minister for Land-and Forestry, the environment and water management.

(18) 'assessment' means any method of calculation, prediction, assessment or measurement of the value of the noise index or the adverse health effects associated with it.

Assessment methods and noise indices

§ 4. For the determination of noise indices L the and L Night relevant descriptions and equations are to be used, with one calendar day to be divided into the periods of day, evening and night. The definition of evaluation methods and noise indices shall be determined by regulation in accordance with § 11. The identified noise indices shall be used in the preparation and verification of strategic environmental noise maps and strategic part environmental noise maps.

Main routes, airports and premises for industrial activities

§ 5. (1) The Federal Minister for Transport, Innovation and Technology shall announce to the Federal Minister for Agriculture, Forestry, the Environment and Water Management no later than 31 May 2005,

1.

on which of these main roads there is a traffic volume of more than three million vehicles per calendar year, and

2.

On which of these main roads there is a traffic volume of more than six million vehicles per calendar year.

(2) The Federal Minister for Transport, Innovation and Technology shall announce to the Federal Minister for Agriculture, Forestry, the Environment and Water Management no later than 31 May 2005,

1.

which of these railways are the main railway lines, and

2.

on which of these main railway lines there is a traffic volume of more than 60 000 trains per calendar year.

(3) The Federal Minister for Transport, Innovation and Technology shall announce to the Federal Minister for Agriculture, Forestry, the Environment and Water Management no later than 31 May 2005,

1.

which Austrian airfields airports and

2.

which of these airports are major airports

.

(4) The Federal Minister of Economics and Labour shall, on the basis of the established agglomerations, disclose within a reasonable period of time, but in any case before the dates specified in § 6 (4) and (9), which grounds for industrial activities shall be: with installations within the meaning of Appendix 3 of the Arc. 1994, installations within the meaning of § § 121 to 121e of the MinroG or installations subject to the authorization of which Article 5 (3) of the EC-K is to be applied in conurbations, and in so doing separately to identify which type of such plant Premises for industrial activities are located in agglomerations with more than 250 000 inhabitants.

(5) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall, on the basis of the established agglomerations, announce within a reasonable period of time, but in any case before the dates referred to in § 6 (5) and (10), which shall: Premises for industrial activities with installations within the meaning of Annex 5, Part 1 of the 2002 AWG, to be located in agglomerations and to identify separately which of such sites are for industrial activities in agglomerations of more than 250 000 Residents.

(6) The Federal Minister for Transport, Innovation and Technology shall, on the basis of the congested agglomerations, inform within a reasonable period of time, but in any event before the dates specified in § 6 (1), (3), (6) and (8), which airports are in In the case of agglomerations, the airports are located in conurbations with more than 250 000 inhabitants.

(7) The Federal Minister for Transport, Innovation and Technology has the results of the surveys referred to in paragraphs 1 to 3 and 6 and the Federal Minister for Economic Affairs and Labour has the results of the surveys referred to in paragraph 4 in each case in an appropriate form. , and to make it available to the Federal Minister for Agriculture, Forestry, the Environment and Water Management on an ongoing basis, and to submit annually on 15 June each year, in the form of a report updated for the previous calendar year. In any case, the report by the Federal Minister for Transport, Innovation and Technology has to include a cartographic depiction of the main thoroughfares and main railway lines, indicating the respective annual traffic volume. In any case, the report of the Federal Minister of Economics and Labour has a cartographic representation of the premises for industrial activities with installations within the meaning of Appendix 3 of the GewO 1994, annexes within the meaning of § § 121 to 121e of the MinroG or Installations subject to the approval of Article 5 (3) of the EC Treaty shall be included in agglomerations.

(8) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall compile the results of the surveys referred to in paragraphs 1 to 6 and shall show them in a suitable form, including a cartographic representation. and to make these documents available to the Federal Minister of Transport, Innovation and Technology, the Federal Minister for Economic Affairs and Labour and the public on an ongoing basis.

Strategic environmental noise maps

§ 6. (1) By 31 May 2007 at the latest, the Federal Minister for Transport, Innovation and Technology has a strategic environmental noise map for all major roads with a traffic volume of more than six million motor vehicles per year. Calendar year, main railway lines with a traffic volume of more than 60 000 trains per calendar year and major airports, and with the relevant minimum information, to the Federal Minister for Land and Land forestry, the environment and water management, as well as a report on ,

(2) By 31 March 2007 at the latest, the competent provincial governor for agglomerations of more than 250 000 inhabitants shall draw up a strategic environmental noise map for all trams situated in such areas and shall each have a strategic environmental noise map with each of them. to make available to the Federal Minister for Transport, Innovation and Technology as well as to submit it as a report.

(3) By 31 May 2007 at the latest, the Federal Minister of Transport, Innovation and Technology for agglomerations of more than 250 000 inhabitants shall have a strategic environmental noise map for all main roads situated in such areas, railway lines and airports and-together with the information on trams referred to in paragraph 2-with the relevant minimum information, the Federal Minister for Agriculture, Forestry, the Environment, and water management, as well as to report it.

(4) By 31 May 2007 at the latest, the Federal Minister for Economic Affairs and Labour, for agglomerations of more than 250 000 inhabitants, has a strategic part-environmental noise map for all sites in such areas for industrial activities with a population of more than 250 000 inhabitants. Installations within the meaning of Appendix 3 of the Arc. 1994 to draw up annexes within the meaning of § § 121 to 121e of the MinroG or installations subject to the approval of which Article 5 (3) of the EC-K is to be applied, and to the respective minimum information relating to the system Federal Minister for Agriculture, Forestry, Environment and Water Management to make available and as a report.

(5) By 31 May 2007 at the latest, the Federal Minister for Agriculture, Forestry, the Environment and Water Management, for agglomerations of more than 250 000 inhabitants, has a strategic part-environmental noise map for all areas situated in such areas to prepare for industrial activities with installations within the meaning of Annex 5, Part 1 of the AWG 2002, and to draw up a report on it.

(6) By 31 May 2012 at the latest, and every five years thereafter, the Federal Minister for Transport, Innovation and Technology has to draw up a strategic environmental noise map for all main roads, main railway lines and airports or already existing strategic environmental noise maps, and to make available to the Federal Minister for Agriculture, Forestry, the Environment and Water Management, and as a report, the respective minimum information relating to the relevant information shall be transmitted.

(7) By 31 March 2012 at the latest, and every five years thereafter, the competent State governor for conurbations shall draw up a strategic environmental noise map for all trams situated in such areas or already existing ones. to review strategic environmental noise maps and to make available to the Federal Minister for Transport, Innovation and Technology the relevant minimum information, and to submit it as a report.

(8) By 31 May 2012 at the latest, and every five years thereafter, the Federal Minister for Transport, Innovation and Technology shall each have a strategic environmental noise map for all major roads situated in such areas, To develop railway lines and airports or to verify existing strategic environmental noise maps and, together with the information on streetcar routes in accordance with paragraph 7, with the relevant information Minimum information to the Federal Minister for Agriculture, Forestry, Environment and Water Management as well as to be submitted as a report.

(9) By 31 May 2012 at the latest, and every five years thereafter, the Federal Minister for Economic Affairs and Labour shall have a strategic part-environmental noise map for all agglomerations for all agglomerations located in such areas for industrial activities with installations within the meaning of Appendix 3 of the Arc. 1994, installations within the meaning of § § 121 to 121e of the MinroG or installations subject to the approval of which Article 5 (3) of the EC-K is to be applied, to be developed or already existing strategic part-environmental noise maps to be used , and with the minimum information relating to each of the Federal Minister for Agriculture, Forestry, Environment and Water Management to make available as a report.

(10) By 31 May 2012 at the latest, and every five years thereafter, the Federal Minister for Agriculture, Forestry, the Environment and Water Management has, for all agglomerations, a strategic part of the environmental noise map for all those areas located in such areas. To develop premises for industrial activities with installations within the meaning of Annex 5, Part 1 of the AWG 2002, or to review existing strategic part-environmental noise maps and to draw up a report on them.

(11) The Federal Minister for Agriculture, Forestry, the Environment and Water Management and the Federal Minister for Economic Affairs and Labour may, in order to fulfil the tasks referred to in paragraphs 4, 5, 9 and 10 and to ensure the preparation of a common strategic environmental noise map for industrial activities.

(12) The strategic environmental noise maps and the respective minimum information relating to each other shall comply with the requirements set out in more detail in accordance with Article 11 of this Regulation in respect of presentation, presentation, data format and content. A strategic environmental noise map shall be developed for each mode of transport on the one hand and for the noise from the environment on the other hand for industrial activities in conurbations on the other hand.

(13) The competent Federal Minister of the Federal Republic of Germany has expected to have cross-border effects of environmental noise in the preparation of the strategic environmental noise maps or strategic part-environmental noise maps with the Member States concerned. work together.

(14) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has the strategic environmental noise maps, the strategic part-environmental noise maps as well as reports within the meaning of paragraphs 1 to 10 in agreement with the Federal Minister for Transport, Innovation and Technology as well as the Federal Minister for Economic Affairs and Labour and the Federal Minister of Transport, Innovation and Technology, the Federal Minister for Economic Affairs and Labour and the Public continuously accessible.

(15) The Federal Minister for Agriculture, Forestry, the Environment and Water Management and the Federal Minister for Economic Affairs and Labour may, if they require the simplicity, economy, economy and expediency, in cases of Environmental noise by activities on the basis of the activities relating to industrial activities, the general or partial elaboration of strategic part-environmental noise maps referred to in paragraphs 4, 5, 9 and 10 shall be transferred to the Governor of the State.

Action plans

§ 7. (1) By 31 March 2008 at the latest, the competent regional governor shall draw up an action plan for areas on tramway routes for agglomerations of more than 250 000 inhabitants for all tramways situated in such areas and, including a summary, to the Federal Minister for Transport, Innovation and Technology, and to submit it as a report.

(2) By 31 May 2008 at the latest, the Federal Minister for Transport, Innovation and Technology has an action plan for areas on all major roads, with a traffic volume of more than six million vehicles per calendar year, To draw up main railway lines with a traffic volume of more than 60 000 trains per calendar year and at major airports. For agglomerations of more than 250 000 inhabitants, the Federal Minister for Transport, Innovation and Technology has drawn up action plans for all major roads, railway lines and airports, including a short-term summary. , to make available to the Federal Minister for Agriculture, Forestry, the Environment and Water Management, and to submit it as a report, the information on the tramway sections referred to in paragraph 1 above.

(3) By 31 March 2013 at the latest, the competent regional governor shall draw up an action plan for areas on roadways for conurbations for all tramways situated in such areas, and including: Brief to the Federal Minister for Transport, Innovation and Technology to make available as well as to submit a report.

(4) By 31 May 2013 at the latest, the Federal Minister for Transport, Innovation and Technology has drawn up an action plan for areas on all main roads, on the main railway lines and at airports. For all conurbations, the Federal Minister for Transport, Innovation and Technology has drawn up action plans for all main roads, railways and airports, including a short version-together with the information to make available to the Federal Minister for Agriculture, Forestry, the Environment and Water Management, and to submit it as a report, by way of tram lines in accordance with paragraph 3.

(5) By 31 May 2008 at the latest, the Federal Minister for Economic Affairs and Labour, for agglomerations of more than 250 000 inhabitants, has a part-action plan for industrial activities with installations within the meaning of Annex 3 of the 1994 GCO, annexes in the For the purposes of § § 121 to 121e of the MinroG or annexes, in the case of which § 5 (3) of the EC-K is to be applied. By 31 May 2013 at the latest, the Federal Minister for Economic Affairs and Labour has a part-action plan for all agglomerations-an action plan for industrial activities with plants within the meaning of Annex 3 of the WU 1994, annexes in the sense of § § 121 to 121e the MinroG or the annexes to which Article 5 (3) of the EC-K is to be applied, and to make it available to the Federal Minister for Agriculture, Forestry, the Environment and Water Management, including a summary, as a report on ,

(6) By 31 May 2008 at the latest, the Federal Minister for Agriculture, Forestry, the Environment and Water Management, for agglomerations of more than 250 000 inhabitants, has a part-action plan for industrial activities with installations in the sense of the Annex 5, Part 1 of the AWG 2002, as well as a summary and a report on it. By 31 May 2013 at the latest, the Federal Minister for Agriculture, Forestry, the Environment and Water Management has provided a part-action plan for industrial activities with installations within the meaning of Annex 5, Part 1 of the AWG, for all agglomerations. In 2002, the Commission should draw up a report on the implementation of the existing part-action plans and draw up a summary report and a report on it.

(7) In order to carry out the tasks referred to in paragraphs 1 to 6 and to ensure the elaboration of coordinated action plans and part-action plans, the Federal Minister for Agriculture, Forestry, the Environment and Water Management, the Federal Minister for Transport, Innovation and Technology and the Federal Minister for Economic Affairs and Labour are working together and in particular to exchange the necessary information.

(8) The action plans shall comply with the minimum requirements set out by the Regulation in accordance with Article 11, and shall be based on current requirements arising from noise protection, noise reduction or noise prevention, at least all five years after the date of their preparation and, if necessary, revise them.

(9) The competent Federal Minister has to cooperate in the preparation of the action plans with the Member States concerned in the event of transboundary effects of environmental noise.

(10) It is appropriate to provide for appropriate measures to be taken in the action plans when, on the basis of the thresholds, in particular by using the effect of harassment and a dose-effect relationship, it is clear that the environmental noise in certain Member States shall be: situations which may have harmful effects on human health, may constitute unreasonable nuisance or compliance with existing limits does not appear to be guaranteed. The measures relating to premises for industrial activities shall be laid down in accordance with the administrative provisions to be applied to the installation concerned.

(11) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has, in agreement with the Federal Minister for Transport, Innovation and Technology, the part-action plans and the action plans and summaries within the meaning of paragraphs 1 to 6. as well as the Federal Minister for Economic Affairs and Labour, and to make these documents available to the Federal Minister for Transport, Innovation and Technology, the Federal Minister for Economic Affairs and Labour and the public.

(12) Paragraph 1 to 11 does not justify any subjective public rights.

Environmental assessment

§ 8. (1) An environmental assessment of action plans shall be carried out, provided that the action plans

1.

define a framework for the future approval of projects listed in Annex 1, UVP-G 2000,

2.

are likely to have an impact on Natura 2000 sites, or

3.

define a framework for other projects and the implementation is likely to have significant environmental impacts.

(2) Where there is only one framework for other projects, or minor changes to an action plan are made, it must be based on the criteria for probable relevance under the appropriate application of Article 8a (2) in conjunction with Annex 7, Part 1, of the AWG 2002 will be examined as to whether the implementation is likely to have significant environmental effects. The environmental authorities are to be heard.

(3) If an environmental assessment is not carried out, the competent authority responsible for the action plan shall publish the results of the examination referred to in paragraph 2, including the reasons for the decision not to carry out an environmental assessment.

(4) If an environmental assessment is to be carried out, the competent authority responsible for the action plan shall draw up an environmental report under the appropriate application of Article 8a (2) in conjunction with Annex 7, Part 2 of the AWG 2002. The report shall include the likely significant impact of the implementation of the action plans on the environment and on possible alternatives which take into account the objectives and geographical scope of the action plans in question, is identified, described and evaluated. The environmental report shall contain the information which can reasonably be requested and shall take into account the current state of knowledge, the current test methods and the content of the action plan concerned and its position in the decision-making process. The environmental authorities shall be consulted on the definition of the level and level of detail of the information to be included in the environmental report.

(5) The authority responsible for the action plan shall publish the environmental report together with the draft plan of action. The publication shall be published in two common daily newspapers as well as in electronic form. The notice shall indicate that any person may deliver an opinion within a period of six weeks from the date of publication of the notice to the authority responsible for the action plan. The environmental authorities are to be heard. The environmental report and the opinions received should be taken into account in the preparation of the action plan.

(6) When the action plan has been subjected to an environmental assessment, the Authority responsible for the action plan shall publish a summary statement on the environmental assessment, together with the action plan concerned, on the Internet. The summary statement shall indicate:

1.

how the environmental considerations have been included in the action plan,

2.

such as the environmental report, the comments received and, where appropriate, the results of cross-border consultations pursuant to § 9,

3.

the reasons for the assessment of which alternatives have been assessed and the preparation of the action plan; and

4.

what measures are envisaged to monitor the significant impact of the implementation of the action plan on the environment;

(7) The authority responsible for the action plan shall ensure that the significant impact of the implementation of the action plan on the environment is monitored in order to identify, inter alia, early unforeseen adverse effects; and if necessary, to take appropriate remedial action.

Cross-border consultations during an environmental assessment

§ 9. (1) If

1.

the implementation of an action plan is likely to have a significant impact on the environment of another Member State of the European Union; or

2.

a Member State which is likely to be significantly affected by the impact of the implementation of an action plan shall make a request to this effect,

the authority responsible for the action plan shall forward the environmental report and the draft plan of action to that Member State at the latest at the time of the contract notice. The other Member State shall, when submitting the environmental report, be given a reasonable period of time for the notification as to whether it intends to take part in the environmental assessment.

(2) Where necessary, consultations shall be held on the likely transboundary impact on the environment likely to have the implementation of the action plan and on the measures envisaged to reduce or avoid such measures; effect. An appropriate timeframe with the other Member State shall be agreed for the consultations. The other Member State shall be notified of the action plan and the declaration in accordance with Article 8 (6).

(3) Where an environmental report or draft action plan is transmitted in the context of the development of action plans in the area of noise protection, noise reduction or prevention in another Member State, those for the action plans shall be the competent authorities shall include the environmental authorities concerned and the public in accordance with § 10. The opinions received shall be forwarded to the other Member State.

Information to the public, communication to the Commission

§ 10. (1) The drafts of action plans and part-action plans, the associated strategic environmental noise maps and strategic part-environmental noise maps as well as the environmental report according to § 8 paragraph 4 are from the competent authorities according to § 7 (1) to (6) to make public and to make them accessible via electronic media in general. The public edition shall be published in two common daily newspapers and in electronic form. The public shall be given the opportunity to submit their comments in writing within six weeks of the public edition. The opinions shall be summed up in summary. In order to take account of these opinions, a documentation should be drawn up and, together with the information referred to in paragraph 4, be made available to the public.

(2) The customer shall have the place, the period of application (period of application) and the office hours, during which the documents may be included in the documents, the site in electronic media, as well as the reference to the fact that it is possible for everyone to shall be free to deliver opinions in writing to the Authority within the time limit for the application.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has the respective minimum information in connection with a regulation in accordance with § 11, as well as the applicable or planned limit values for environmental noise, including Information in the form of explanatory notes to the European Commission.

(4) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has, by 30 June 2005 and thereafter every five years of the European Commission, the main roads with a traffic volume of more than six million Motor vehicles per calendar year, the main railway lines with a volume of more than 60 000 trains per calendar year, the major airports and the agglomerations of more than 250 000 inhabitants on the basis of the information referred to in § 5 and the To communicate the provisions relating to the agglomerations. Until 31 December 2008, the Federal Minister for Agriculture, Forestry, the Environment and Water Management of the European Commission has notified all major roads, all the main railway lines and all agglomerations.

(5) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has the strategic environmental noise maps as well as the action plans six months after their preparation in accordance with § § 6 and 7 and thereafter every five years of the European Commission shall be transmitted.

(6) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has collected the strategic environmental noise maps and action plans for the inspection of the public as well as the distribution via electronic media. , This information shall be made clear and comprehensible by accompanying summary accounts of the most important points.

(7) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, in order to fulfil the tasks in particular pursuant to paragraphs 3 to 6 and § 5 (8), § 6 (10) and (14), § 7 (6) and (11), refer to the principles of the Usefulness and austerity, in particular the Umweltbundesamt GmbH, which are part of the Federal Environmental Control Act (UKG), Federal Law Gazette (BGBl). I No 152/1998, which is to carry out the tasks assigned to it.

(8) Paragraph 1 to 7 does not justify any subjective public rights.

Authorisation

§ 11. The Federal Minister for Agriculture, Forestry, Environment and Water Management is authorized, in agreement with the Federal Minister for Transport, Innovation and Technology, and with the Federal Minister for Economic Affairs and Labour, by Regulation under Taking into account the objectives of this federal law and the regulations to be implemented by the European Community, as well as the experience and knowledge in the field of noise protection, noise reduction and noise prevention, more detailed rules on the Description

1.

the noise,

2.

the assessment methods for noise,

3.

the thresholds and methods used to assess the adverse health effects,

4.

the requirements for the preparation of strategic environmental noise maps and of action plans, as well as the minimum information relating to them,

5.

and definition of the agglomerations and their cartographic description and

6.

the electronic data formats for the transmission of strategic environmental noise maps, action plans and reports

. Such a Regulation may also arrange for the liability of technical standards and directives, as contained in particular in the Annexes to Directive 2002/49/EC or in European Standards (EN standards).

Enforcement

§ 12. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall be responsible for the enforcement of this Federal Act, unless otherwise specified below.

(2) With the enforcement of § 5 (1) to (3), (6) and (7), § 6 (1) to (3) and (6) to (8), § 7 (1) to (4) and § 8, insofar as matters relating to traffic are on federal roads, railway traffic or civil air traffic, the Federal Minister for Transport, Innovation and Technology. Agreements between local authorities on noise protection measures on railway lines remain unaffected.

(3) With the enforcement of § 5 (4) and (7), § 6 (4) and (9), Section 7 (5) and § 8, the Federal Minister of Economics and Labour is responsible for matters relating to the 1994, MinroG, or the EC-K.

(4) With the enforcement of § 11, the Federal Minister for Agriculture, Forestry, Environment and Water Management is entrusted in agreement with the Federal Minister for Transport, Innovation and Technology and with the Federal Minister for Economic Affairs and Labour.

Referral to other federal laws

§ 13. The references to other federal laws contained in this Federal Act shall be construed as references to the version in force in each case.

Implementation Notice

§ 14. This federal law provides for Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 on the assessment and control of environmental noise OJ L 201, 31.7.2002, p. No. 12. and 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 327, 22.12.2001, p. No. OJ L 197 of 21.07.2001 p. 30.

Fischer

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