154. Federal law, which amends the Federal Road Act 1971 and the High-Performance Road Act

The National Council has decided:

Article 1

The Federal Road Act 1971, BGBl. No 286/1971, as last amended by the Federal Law BGBl. I n ° 95/2004, is amended as follows:

1. § 4 (1) to (5) together with the title are:

" Determination of the course of the road, extension and release of road parts

§ 4. (1) Before the construction of a new federal highway or its subsections or before the completion of a second directional lane or before the construction of any other type of federal roads, the Federal Minister of Transport, Innovation and Technology has submitted a request for the federal (federal road administration), taking into account the provisions of § § 7 and 7a, the economic viability of the construction project, the environmental compatibility and the requirements of transport, and the functional significance of the road train , and taking into account the results of the hearing (para. 5) the course of the road within the framework of the directories by defining the road axis, in the case of a construction by description, both on the basis of a concrete project, by Communication shall be determined.

(2) In any case, no other extension measures are: protective structures for the elimination of hazardous areas or reconstructions caused by major emergencies or building bridges, the construction of additional parking spaces with less than 750 Parking spaces, the establishment of additional holdings according to § 27 with a land use of less than 5 ha, the addition of creep tracks, ramp closures, the erection of additional single ramps at existing knots, or Connecting points, changes in the road axis or the levelling of the road by less than 5 m, installations for road operations and environmental protection measures. The setting up of other establishments in accordance with § 27, the addition of further lanes and changes in the levelling chain, which are not subject to the obligation to carry out an environmental impact assessment, are also not of any other type of extension.

(3) Where road parts are not necessary for the transit traffic or if there has been a substantial change in the conditions laid down in paragraph 1, the Federal Minister of Transport, Innovation and Technology may, at the request of the Federal Government, (Bundesstraßenverwaltung) the dismissal of these parts of the road as a federal road by communication . Section 1 (3), last sentence, shall apply mutatily. If the abandoned parts of the road are no longer used for transport purposes, they are to be moved from the federal government (federal highway administration) into a state similar to the terrain (recultivation) with regard to their culture genres. Prior to the release of a The affected countries and communities are to be heard modestly; the communities are working in their own sphere of action.

(4) The authorities referred to in paragraphs 1 and 3 shall be kept in contact with the local authorities and the Office of the Land Government of the respective country for inspection.

(5) Prior to the release of a decision pursuant to paragraph 1, sufficient plan and project documents as well as documents for the presentation of the environmental compatibility by six weeks in the congregated communities must be placed for public inspection. The time and place of the circulation are due to one-off publication in the official journal of the Wiener Zeitung and in a daily newspaper widely used in the federal state concerned, as well as by the attack on the official boards of the municipal office (town hall) of the To make communities known. Within this period, everyone can make a written statement in a local community. The affected communities have collected the statements to the Federal Ministry of Transport, Innovation and Technology. "

2. In § 4, paragraphs 6 to 8 are deleted.

(3) The previous paragraph 9 is given the title (6).

4. In § 7a (1), the last sentence is deleted.

5. In § 14, para. 4, the expression " 2 " by the expression " 3 " replaced.

6. § 15 together with the title is:

" Bundesstraßenbaugebiet

§ 15. (1) Following the determination of the course of the road (Section 4 (1)), the parts of the land affected by the future road race (Bundesstraßenbaugebiet) shall not be allowed to reconstruct, reconstruct and reconstruct, nor shall it be possible to set up or change any facilities of any kind , a claim for compensation cannot be derived from this. Section 14 (3) and (4) shall apply mutatily.

(2) The relevant parts of the land referred to in paragraph 1 are to be regarded as all those situated in a terrain tyre around the future road axis, the width of which is in a regulation or a communication specified in accordance with § 4 (1) in accordance with local conditions and must not exceed a total of 150 m in the case of federal highways and 100 m in the case of federal highways.

(3) After the expiry of 3 years after the entry into force of a regulation or legal force of the decision on the declaration to the federal road construction area, the property owners or property owners concerned shall have the right to any eligible mining company entitled to redeem the relevant parts of the land by the federal government (Bundesstraßenverwaltung), provided that they have been refused an exemption pursuant to paragraph 1, last sentence. The provisions of § § 17 et seq. shall apply mutatily. "

7. In § 26 (1) and § 27 (3), the words "a Regulation" by the words "a fog" replaced.

8. In § 34, the following paragraph 4 is added:

" (4) The § § 4 (1) to (5), 7a (1), 14 (4), 15, 26 (1) and 27 (3) of this Federal Law, as amended by the Federal Law BGBl. I n ° 154/2004 shall take place on 1 January 2004. Jänner 2005 in force. However, these provisions shall not apply to projects for which, by 31 December 2004, either:

a)			the hearing proceedings by the customer pursuant to § 4 (5) or
b)			the setting-up procedure in accordance with Section 24 (3) of the UVP-G 2000 in the version BGBl. I No 50/2002 has been initiated or
c)			the preliminary procedure in accordance with § 4 UVP-G 2000 in the version of the Federal Law BGBl. I n ° 50/2002 has been initiated and the consultation procedure is initiated by the customer in accordance with Article 4 (5) to 31 May 2005.
In addition, measures which, for the first time in accordance with this Federal Act, require a decision pursuant to § 4 and which have not been required until now to obtain a Trassenverordnung (Trassenverordnung) are excluded from the application of this law if until 31 December In 2004, an authorisation procedure required by the administrative provisions has been initiated. The provisions of Section 4 (6) to (8) shall expire on 31 December 2004. "

9. In § 35, the expression "§ 4 (2), 2nd sentence" replaced by the expression "§ 4 (3), 2nd sentence" .

Article 2

The High-Performance Route Act, BGBl. No. 135/1989, as last amended by the Federal Law BGBl. I n ° 138/2003, shall be amended as follows:

1. § 3 together with headline reads:

" TrassenApproval

§ 3. (1) To ensure the running of a high-performance track, which is not carried out by means of expansion measures, such as the manufacture of appropriate railway bodies, pipelines, safety systems and other facilities for the construction and operation of and operation of the railway system. on high-performance railways of necessary railway systems-can be set up on existing railways, the Federal Minister of Transport, Innovation and Technology, at the request of a railway undertaking, will require a route permit to be approved by the Federal Minister for Transport, Innovation and Technology the requirements of an efficient and economic It must be informed of the other public interests and the results of the hearing (§ 4). The development measures shall be understood to mean minor changes in the size of the track, or the addition of a further track to a continuous length of not more than 10 km, if in such cases the centre of the outermost track of the modified route from the middle of the outermost track of the existing route is not more than 100 m away.

(2) If an environmental impact assessment is to be carried out in accordance with the Environmental Impact Assessment Act (EIA) 2000 for the construction or modification of a high-performance route or for an accompanying measure, it is necessary to ensure the development of the route of a such a high-performance route, also a route permit, to be granted by the Federal Minister of Transport, Innovation and Technology.

(3) In the course of the approval of the route, the course of the course must be made safe in so far as it is necessary to set up a terrain tyre and to display it in plan documents. The width of this tyre shall be determined in accordance with local conditions and shall not exceed the extent to which the railway facilities, ancesuits and accompanying measures for the construction and operation of and operation of the railway system shall be carried out. are required on a high-performance track, and the width of the ground strip must not exceed 150 m for the body.

(4) The licence approval certificate is jointly with the planning documents at the Federal Ministry for Transport, Innovation and Technology, at the office of the provincial government of the locally touched federal state and in the locally touched communities to the To view. "

2. § 4 together with the title is:

" Consultation in the Trassenapproval procedure

§ 4. (1) Prior to the release of a licence approval certificate, the countries whose local area of activity is affected by the planned course of the route and the legal representations of interest in their sphere of action shall be heard. For the purpose of the hearing, the Federal Minister for Transport, Innovation and Technology has to provide the railway undertaking with sufficient planning documents on the course of the route. In the case of transmission, the members of the hearing shall be asked to deliver an opinion within the appropriate time limits to be determined by the Federal Minister for Transport, Innovation and Technology. Moreover, the countries should be asked to comment on the planned route of the route from the point of view of the matters to be taken by the country.

(2) In the plan documents relating to the course of the route, account should be taken of the environmental impact of the course of the course and, in particular, of the arrangements provided for in order to ensure that the construction and operation of and the operation of the plant are carried out on the basis of the The planned high-performance route will be kept as low as possible and, in relation to the type of use of the adjacent site, significant additional environmental damage will be kept as low as possible. Subjective rights are not justified by this.

(3) The municipalities whose local area of activity is affected by the planned course of the course of the course must also be heard. The exercise of this right of hearings by the municipality is a task of its own sphere of action. For the purpose of the hearing, the municipalities shall submit the plan documents on the course of the route, as far as it affects the local area of action of the municipality concerned. "

3. § 5 together with the title is:

" Legal Effects of TrassenApproval

§ 5. (1) After the approval of the licence approval certificate, new, rebuilding and reconstructions shall not be made on the parts of the land affected by the future course of the route (high-performance stretch of construction), no installations otherwise constructed or modified , no extraction of mineral raw materials will be included and no landfills will be set up or expanded; a claim for compensation cannot be deducted from this. Construction, installation or extension, the inclusion of the extraction of mineral raw materials and the establishment or extension of landfill sites which are legally permitted prior to the release of the Trassenpermit are not affected by this.

(2) The affected parts of the land referred to in paragraph 1 shall apply to all those who, according to the plan documents, are in the area of the terrain tyre defined by the Trassenapproval certificate.

(3) Exceptions to the legal effect (par. (1) a licence approval certificate issued shall be admissible if it does not significantly impede the planned route of the route, or if it is significantly more expensive or necessary for the protection of the life and health of persons. By way of derogation, exceptions to the prohibition on the extraction of mineral raw materials shall be permitted even if the public interest in the extraction of mineral raw materials is of the public interest after the avoidance of a Considerable difficulty or substantial increase in the cost of the planned course of the course of the course is predominant.

(4) The Federal Minister of Transport, Innovation and Technology, after consulting the railway undertaking, has the exceptions pursuant to paragraph 3; however, the approval of exceptions by the Federal Minister of Transport, Innovation and Technology is not permitted. , where it is necessary to take account of the taking-up of new, rebuilding and rebuilding, the establishment or modification of installations, the inclusion of the extraction of mineral resources, or the establishment or extension of landfill sites to those of the future High-performance stretch of land affected by land between the Railway undertakings and the respective owners of these parts of the land or with those authorised to set up or modify installations, to take up mineral resources or to set up or extend landfill sites have come to a civil agreement which has to be recorded in writing.

(5) The Federal Minister for Economic Affairs and Labour shall be consulted prior to the release of a decision which does not allow an exemption from the prohibition on the receipt of the extraction of mineral raw materials. The Federal Minister of Economics and Labour is entitled to lodge a complaint to the Administrative Court against any charges which do not allow an exception to the prohibition on the acquisition of mineral raw materials.

(6) The Federal Minister for Transport, Innovation and Technology shall, at the request of the railway undertaking, order the elimination of a state which is contrary to paragraph 1 at the expense of the person concerned.

(7) After five years after the approval of the approval certificate, the property owners concerned shall be entitled to redemption of the relevant parts of the land by the railway undertaking, provided that an exceptional authorization (para. 4) and provided that the approval certificate for the part of the land is still valid.

(8) The Federal Minister for Transport, Innovation and Technology has, at the request of the railway undertaking or on its own account, the legal effects (paragraph 1). 1) to declare, if or in so far as it is no longer necessary to ensure the planned course of the course of the route, a route approval certificate for ineffectual purposes. "

(4) § 5a together with the headline reads:

" Provisional freezing of the course of the Trassenprogression

§ 5a. (1) If a route approval procedure is initiated, it is to be feared that the planned construction of a high-performance route will be significantly impeded or significantly increased by change in the intended site and will be based on the state of play of the Planning and construction preparation work to ensure the course of the course in a TrassenApproval certificate in the foreseeable future, the Federal Minister of Transport, Innovation and Technology may be able to use a ground strip within the meaning of § 3 (3) provisionally determine the planned route of the route with a regulation.

(2) A Regulation as referred to in paragraph 1 shall contain the reference to the plan documents. The planning documents are to be viewed by the Federal Ministry of Transport, Innovation and Technology in the office of the local government of the locally touched country and in the local communities.

(3) Prior to the release of a regulation in accordance with paragraph 1, the countries whose local area of activity is affected by the planned course of the route and the legal advocacy groups in contact with their legal sphere of action shall be heard. For the purpose of the hearing, the Federal Minister for Transport, Innovation and Technology has to provide the railway undertaking with sufficient planning documents on the course of the route. In the case of transmission, the members of the hearing shall be invited to give an opinion on the legal effects referred to in paragraph 5 within the appropriate time limits to be determined by the Federal Minister of Transport, Innovation and Technology.

(4) The municipalities whose local area of activity is affected by the planned course of the route shall also be consulted on the legal effects referred to in paragraph 5. The exercise of this right of hearings by the municipality is a task of its own sphere of action. For the purpose of the hearing, the municipalities shall submit the plan documents on the route of the route, insofar as it affects the local area of action of the municipality in question.

(5) After the release of a regulation as referred to in paragraph 1 above, the following shall be allowed to apply to the tyre (s) 1) existing parts of the land which are new, to-and conversions are not carried out, no installations are otherwise constructed or changed, no extraction of mineral raw materials is taken up and no landfills are set up or expanded; The claim for compensation cannot be derived from this. construction, installation or extension, the inclusion of the extraction of mineral raw materials and the establishment or extension of landfills, which have been initiated in a legally permissible manner before the Regulation as referred to in paragraph 1 has been effective; shall not be affected by this.

(6) Exceptions to the legal effect (par. 5) a Regulation as referred to in paragraph 1 shall be admissible if it does not significantly impede the planned route of the route, or if it is significantly more expensive or necessary for the protection of the life and health of persons. By way of derogation, exceptions to the prohibition on the extraction of mineral raw materials shall be permitted even if the public interest in the extraction of mineral raw materials is of the public interest after the avoidance of a Considerable difficulty or substantial increase in the cost of the planned course of the course of the course is predominant.

(7) The Federal Minister for Transport, Innovation and Technology, after consulting the railway undertaking, has the exceptions pursuant to paragraph 6; however, the approval of exceptions by the Federal Minister for Transport, Innovation and Technology is not permitted. , where it is necessary to take account of the taking-up of new, rebuilding and rebuilding, the establishment or modification of installations, the inclusion of the extraction of mineral resources, or the establishment or extension of landfill sites to those of the future High-performance stretch of land affected by land between the Railway undertakings and the respective owners of these parts of the land or with those authorised to set up or modify installations, to take up mineral resources or to set up or extend landfill sites have come to a civil agreement which has to be recorded in writing.

(8) The Federal Minister for Economic Affairs and Labour shall be consulted prior to the release of a decision which does not allow an exemption from the prohibition on the receipt of the extraction of mineral raw materials. The Federal Minister of Economics and Labour is entitled to lodge a complaint to the Administrative Court against any charges which do not allow an exception to the prohibition on the acquisition of mineral raw materials.

(9) The Federal Minister for Transport, Innovation and Technology shall, at the request of the railway undertaking, order the elimination of a state which is contrary to paragraph 5 at the expense of the person concerned.

(10) The Federal Minister for Transport, Innovation and Technology has to repeal a Regulation as referred to in paragraph 1 of this Article, or in so far as:

1.		the course of the route, provisionally established in such a regulation, is determined by a notification of the approval of a route, or
2.		the Regulation referred to in paragraph 1 is no longer necessary in order to ensure the planned route of the course of the course.

(11) Into the extent to which paragraph 10 is not applicable, a Regulation as referred to in paragraph 1 shall not enter into force after three years after its in-force operation. The Federal Minister of Transport, Innovation and Technology has published this out-of-force trek in the Federal Law Gazet."

5. The following paragraphs 4, 5 and 6 are added to § 16:

" (4) As long as a regulation pursuant to Section 3 (1) of the German Federal Law Gazette before the entry into force of the Federal Law of the Federal Republic of Germany pursuant to § 3 (1) of the Federal Law of Germany (BGBl). I n ° 154/2004 an environmental impact assessment is to be carried out, § § 3 and 4 shall apply in the prior to the entry into force of the Federal Law BGBl. I n ° 154/2004 as amended.

(5) The up to the in-force meeting of the Federal Law BGBl. I n ° 154/2004, regulations adopted pursuant to Section 3 (1) of the Act before the entry into force of the Federal Law BGBl (Federal Law Gazette). I n ° 154/2004 continue to be deemed to be regulations adopted under this Federal Act; there is no need for a route authorisation to ensure the course of the high-performance routes referred to in these Regulations.

(6) The regulations issued pursuant to paragraph 4 and the regulations referred to in paragraph 5 of this article continue to be § 5 in the version prior to the entry into force of the Federal Law BGBl. I No 154/2004, subject to the following conditions:

1.		In paragraph 1, the expression "(§ 3)" is deleted.
2.		In paragraphs 3 and 8, the word group "pursuant to section 3 (1)" shall not be used. "

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