153. Federal Law to amend the Federal Constitutional Law and the Environmental Impact Assessment Act 2000 (UVP-G-Novelle 2004)

The National Council has decided:

table of contents

Article 1	Amendment of the Federal Constitutional Law
Article 2	Amendment of the Environmental Impact Assessment Act 2000

Article 1

(constitutional provision)

Amendment of the Federal Constitutional Law

The Federal Constitutional Law, BGBl. No. 1/1930, as last amended by the Federal Act BGBl. I No 118/2004, shall be amended as follows:

1. In Article 10 (1) (9), the word sequence shall be: "Environmental impact assessment for projects in these matters, which have significant effects on the environment and for which the administrative provisions provide for the adoption of a suspension by regulation" through the phrase "Environmental impact assessment for federal roads and railways-High-performance routes with significant impact on the environment" replaced.

Article 151 (7) reads as follows:

" (7) Art. 142 (2) lit. h and i in the version of the Federal Law BGBl. I No 100/2003 shall enter into force 1. Jänner 2010 in force; at the same time Article 11 (7), as amended by the Federal Constitutional Law BGBl. No. 508/1993 and the Federal Law BGBl. I No 100/2003 and Art. 11 (8), as amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 114/2000 and BGBl. I No 100/2003. The independent environmental Senate shall remain responsible for the procedures pending at that time until the end of the procedure. "

(3) The following paragraph 31 is added to Article 151:

" (31) Article 10 (1) Z 9 and Art. 151 (7) in the version of the Federal Law BGBl. I n ° 153/2004, enter into force 1. Jänner 2005 in Kraft. "

Article 2

Amendment of the Environmental Impact Assessment Act 2000

The Federal Act on Environmental Impact Assessment (Environmental Impact Assessment Act 2000-UVP-G 2000), BGBl. N ° 697/1993, as last amended by the BGBl agreement. I No 84/2004, shall be amended as follows:

1. § 1 (2) reads:

" (2) This federal law provides for Directive 85 /337/EEC on the assessment of the effects of certain public and private projects on the environment, OJ L 175, 5.7.1985, p. No. 40, as last amended by Directive 2003 /35/EC on public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending Council Directives 85 /337/EEC and 96 /61/EC, in Reference to public participation and access to justice, OJ C 327, 28.4.2002, p. No. OJ L 156 of 25.06.2003 p. 17. '

2. In Article 2 (3), the following sentence is added:

"Of this, the granting of serviceability pursuant to Section 111 (4), first sentence, of the Water Rights Act 1959, but not the granting of other compulsory rights, is recorded."

3. § 3 para. 4, first and second sentence are:

" In the case of projects for which a threshold value is established in certain protected areas in column 3 of Annex 1, the Authority shall decide, on a case-by-case basis, to determine whether it is to be expected that, taking into account the The extent and sustainability of the environmental impact of the protected habitat (category B of the Annex 2) or the protection for which the protected area (categories A, C, D and E of the Annex 2) has been established, is significantly affected . In the case of this test, protection-worthy areas of categories A, C, D or E of Annex 2 shall be taken into account only if they are designated on the day of the initiation of the procedure or in the list of sites of Community importance (category A of the Annex). Attachment 2). "

4. § 3 (5) reads:

"(5) The Federal Minister for Agriculture, Forestry, Environment and Water Management may lay down detailed rules for the implementation of the individual case examination in accordance with paragraph 4 above and in accordance with Section 3a (1) (2) and (2) and (3) of the Federal Ministry of Agriculture, Forestry, Environment and Water Management."

5. § 3 (7) the following sentences are added:

" The local municipality can lodge a complaint against the decision to the Administrative Court. The environmental lawyer and the co-acting authorities are exempt from the obligation to replace cash outlays.

6. § 3a (1) reads:

" (1) Changes in projects,

1.		the capacity expansion of at least 100% of the threshold value set out in column 1 or 2 of Annex 1, provided that such a threshold has been established, shall be subject to an environmental impact assessment; this shall not apply to: Threshold values for changes in the state of change in accordance with Z 2;
2.		in respect of which a list of amendments is set out in Annex 1, an environmental impact assessment shall be carried out if the facts of the case are fulfilled and the Authority finds, on a case-by-case basis, that the change is likely to result in significant harmful effects, is to be reckless or incriminating effects on the environment in the sense of § 1 (1) (1) (1) (1). "

7. In Section 3a (2) and (3), in the last part of the sentence, the "§ 1" the designation " 1 " inserted.

8. Section 3a (4) reads:

" (4) In the case of the determination in individual cases pursuant to paragraph 1 (2) and (2) and (3), the Authority shall take into account the criteria listed in Section 3 (4) (1) to (3). § 3 (7) shall apply. "

9. § 3a (5) reads:

' (5) Where a derogation has not been made in Annex 1, the sum of the capacity authorised within the last five years for the assessment of the EIA duty of a change project as referred to in paragraph 1 (2) and (2) and (3) shall be the sum of the capacity , including the requested capacity expansion, with the requested change achieving a capacity expansion of at least 25% of the threshold value or, if no threshold is set, the previously approved capacity must. "

Section 5 (1) reads as follows:

" (1) The project manager of a project, for which an environmental impact assessment is to be carried out in accordance with § § 3 or 3a, shall submit to the Authority an application for authorisation which shall be subject to the provisions laid down by the administrative provisions for the Approval of the project contains the necessary documentation and the environmental impact statement in the required number. As far as possible and with a view to expediency, convenience, simplicity or cost savings, these documents must, in any event, also be submitted electronically in accordance with section 9 (4). Evidence of allowances shall not be deemed necessary to the extent that, in this regard, an administrative provision provides for the granting of compulsory rights. The project advertiser also has to indicate if and in what way he/she has informed the public of the project. Project documents which, in the opinion of the project advertiser/project werberin, contain business or business secrets are to be identified in a special way. "

11. In § 7 (1), the following sentence is added:

" The schedule is to be published on the Internet. Significant overruns of the timetable shall be justified in the notification of approval. "

(11a) The following paragraph 4 is added to Article 7 (3):

' (4) If the Authority has acquired a substantial knowledge of the contents of a project from other procedures, such current knowledge shall be regained and the time limits laid down in paragraphs 2 and 3 shall be reduced by three months, provided that: the application in accordance with § 5 is in a temporally connected relationship with the same. "

12. § 9 (3) and (4) are:

" (3) The authority has to make the project known in accordance with Section 44a (3) AVG. In any case, this customer service must contain:

1.		the subject-matter of the application and a description of the project,
2.		the fact that the project is subject to an environmental impact assessment, which authority is responsible for the decision, the nature of the possible decision and, if applicable, that a cross-border EIA procedure is likely to be § 10 is to be carried out,
3.		the place and time of the possible inspection and
4.		an indication of the possibility of an opinion and of the fact that citizens ' initiatives in accordance with Section 19 have a party or party position.
The date of the oral proceedings (§ 16) can be made known in one of the projects.

(4) In addition to the proclamation pursuant to paragraph 3, the Authority shall also make the project available on the Internet. In any event, the customer shall be notified of a brief description of the project and the summary of the environmental impact statement in accordance with Section 6 (1) Z 6. "

13. In § 9, the previous paragraph 4 receives the title "(5)" .

14. § 10 reads:

" § 10. (1) If the project could have a significant impact on the environment of another State, or if a State that could be affected by the effects of the project has requested it, the Authority shall:

1.		to notify this State as early as possible and, where appropriate, for the taking into account of transboundary effects in the pre-trial procedure, but no later than when the public is informed of the project, with a a description of the project, available information on possible cross-border effects and, where appropriate, the concept of the environmental impact statement,
2.		to inform him of the expiry of the EIA procedure and the nature of the possible decision and to give him a reasonable period of time for the notification as to whether or not he wishes to participate in the EIA procedure.

(2) In the case of the State wishing to participate in the EIA procedure, the State shall be responsible for:

1.		the request for authorisation, the declaration of environmental impact and, if necessary, other documents which are relevant to the decision and which are available to the Authority at the time of the presentation in accordance with Section 9;
2.		to give an opinion, with a reasonable period of time, the deadline being such that it is also possible for the State to make the application documents available to the public and to give it the opportunity to submit the application documents to the public. to give an opinion, and
3.		to submit the environmental impact assessment or the summary assessment.

(3) On the basis of the documents submitted and the results of the environmental impact assessment or the summary assessment, consultations on possible cross-border effects and any measures shall be taken, if necessary. to avoid or reduce harmful transboundary environmental impacts. These consultations shall be carried out in accordance with the powers already established by intergovernmental agreements, within the limits of their powers, in particular those of the Boundary Waters Commissions. An appropriate timeframe shall be agreed with regard to the duration of the consultation period.

(4) The decision on the request for authorisation, the main reasons for making decisions, information on the procedure for public participation and a description of the main measures to prevent or reduce or compensate for the significant adverse effects on the environment, which have a significant adverse effect on the environment, shall be transmitted to the State concerned.

(5) The principle of reciprocity shall apply to States which are not parties to the Agreement on the European Economic Area with regard to the provisions of paragraphs 1 to 4.

(6) In so far as it is necessary for the implementation of the cross-border EIA procedure, the project advertiser/project manager shall submit translations of the documents submitted by him into the language of the State concerned, if requested.

(7) In the context of an EIA procedure carried out in another Member State, documents relating to the environmental impact of a project abroad which could have a significant impact on the environment in Austria shall be submitted and shall be based on the following: to carry out public participation in international law, in respect of documents corresponding to the documents referred to in paragraph 2 (1) (1), shall be carried out by the State Government concerned in accordance with Article 9, the duration of which shall be the same as the The application period shall be governed by the provisions of that State in which the project is To execute execution. Other authorities in contact with their environmental responsibilities shall be given the opportunity to express their views. Any comments received and, at the request of the other State, including information on the environment which may be affected, shall be communicated by the State Government to the State in which the project is to be implemented. Where other documents, such as opinions or decisions, are transmitted in the procedure, they shall be made available to the public in an appropriate form.

(8) Special state-contractual arrangements shall remain unaffected. "

15. § 12 (4) reads:

" (4) The environmental impact assessment has

1.		the environmental impact statement submitted in order to assess the impact of the project and other relevant documentation submitted by the project advertiser/project advertiser in accordance with § 1 according to the state of the art and the state of the art In a comprehensive and comprehensive overview and taking into account the approval criteria of § 17 from a technical point of view, to assess and, if necessary, to supplement the following sciences,
2.		to deal with the opinions submitted pursuant to § 5 (3) and (4), § 9 (5) and § 10 (10), in which rectified opinions or opinions which have been entered into the same subject area can be considered together,
3.		to make proposals for measures pursuant to § 1 (1) (2) (2) also taking into account the worker/interior/protection system;
4.		to include in accordance with Article 1 (1) (1) (3) and (4); and
5.		professional To include statements on the expected impact of the project on the development of the space, taking into account public concepts and plans, and with a view to the sustainable use of resources. "

16. § 17 (1) reads:

The Authority shall, in deciding on the application, apply the conditions of approval provided for in the relevant administrative provisions and in paragraphs 2 to 6 of this Article. The consent of third parties is not a condition for approval in so far as the possibility of granting compulsory rights is provided for the relevant part of the project in an administrative provision. In this case, however, the authorisation shall be granted subject to the acquisition of the corresponding rights. "

17. In § 17, the following new paragraph 6 is inserted:

" (6) The authorisation may set appropriate time limits for the completion of the project, of individual parts thereof or for the use of rights. The Authority may extend these deadlines for important reasons if the project advertiser/project advertiser requests this before the expiry of the deadline. In this case, the expiry of the period until the final decision or the decision of the Administrative Court or Constitutional Court on the expulsion of the extension request is inhibited. Within the framework of an appeal procedure or a procedure in accordance with Section 18b, the time limits may be changed from officals. "

18. In § 17, the previous paragraphs 6 and 7 shall be given the name "(7)" and "(8)" .

19. § 17 (7) reads:

" (7) In any case, the notification of approval shall be open for public consultation with the authority and in the municipality for at least eight weeks. The decision shall reduce and, where possible, compensate for the reasons for the decision as well as information on public participation and a description of the main measures taken to avoid significant adverse effects, to be included. The edition is to be made available in a suitable form, at least on the Internet. "

20. § 18 (1) and (2) reads:

" (1) The Authority may, at the request of the project shipyard/project manager, first discuss all matters necessary for the assessment of the basic admissibility of the project. In this case, only the documents necessary for the assessment of the basic admissibility shall be provided. In the basic authorisation, it is also to be agreed which areas remain reserved for detailed authorisations.

(2) On the basis of the basic authorisation already taken, the Authority shall have the detailed authorisations after presentation of the further documents required for the detailed procedure in accordance with the conditions of approval pursuant to § 17 to decide. § 16 shall not be applied in the detailed procedures. The parties involved in the detailed project, or Participants in accordance with § 19 and the participating authorities shall be notified. "

20a. § 18 a reads:

" § 18a. Projects which extend to at least three locational communities may authorise the Authority, at the request of the project shipyard/project shipyard, after carrying out the environmental impact assessment for the project as a whole, in sections where this is due to: the spatial extension of the project is appropriate. § § 16, 17 and 18 as well as 19 to 23 are to be applied for each individual section approval. "

21. In accordance with § 18a, the following § 18b and title shall be inserted:

" Changes to the decision before the transfer of responsibility

§ 18b. Amendments to a project approved in accordance with § 17 or § 18 shall be approved before the date referred to in § 22, subject to the conditions of approval pursuant to § 17, if:

1.		they do not object to the results of the environmental impact assessment in accordance with Article 17 (2) to (5); and
2.		the parties affected by the amendment had the opportunity, in accordance with § 19, to exercise their interests.
The Authority shall, in so doing, supplement the investigative procedure and the environmental impact assessment in so far as it is necessary for its purposes. "

22. § 19 (1) Z 4 and 5 are:

" 4.		the water management planning body for the perception of water-economic interests in accordance with § 55 paragraph 4 WRG 1959;
5.		Municipalities as referred to in paragraph 3; "

23. § 19 (1) Z 6 and 7 reads:

" 6.		Citizens ' initiatives in accordance with paragraph 4, except in the simplified procedure (para. 2) and
7.		Environmental organisations which have been recognised in accordance with paragraph 7. "

Section 19 (3) reads as follows:

" (3) The environmental attorney, the local community and the Austrian municipalities directly adjacent to them, which may be affected by the project's significant effects on the environment, have in the approval process and in the procedure according to § 20 Party position. They are entitled to assert, as a subjective right in the proceedings, the observance of laws which serve the protection of the environment or the public interests which they perceivate as a subjective right, and to appeal to the Administrative Court. "

25. (constitutional provision) § 19 (4) reads:

" (4) ( Constitutional provision ) An opinion in accordance with § 9 (5) may be supported by registration in a list of signatures, stating the name, address and date of birth and the signature. The list of signatures shall be introduced at the same time as the opinion. Where an opinion of at least 200 persons who were eligible for municipal elections at the time of support in the local community or in a municipality directly adjacent to the municipality, the opinion shall be Group of persons (citizens ' initiative) in the procedure for granting approval for the project and in accordance with § 20 as a party or as a party to the project (paragraph 1) 2). As a party, it is entitled to assert compliance with environmental protection regulations as a subjective right in the proceedings and to lodge a complaint to the Administrative Court or the Constitutional Court. "

26. (constitutional provision) The following new paragraphs 6 to 11 shall be added in § 19:

" (6) Environmental organization is an association or foundation,

1.		which has the protection of the environment as a priority purpose in accordance with the association statutes or the declaration of foundations;
2.		The non-profit-making objectives in the sense of § § 35 and 36 BAO, BGBl. No 194/1961, and
3.		the person referred to in paragraph 7 has passed the application for at least three years before the date of application referred to in paragraph 7.

(7) ( Constitutional provision ) The Federal Minister for Agriculture, Forestry, the Environment and Water Management, in agreement with the Federal Minister for Economic Affairs and Labour, has to decide, on request, whether a Environmental organisation fulfils the criteria set out in paragraph 6, and in which federal states the environmental organisation is empowered to exercise party rights. The decision can also be appealed to the Constitutional Court.

(8) The application in accordance with paragraph 7 shall be accompanied by appropriate documents showing that the criteria laid down in paragraph 6 are met and to which province/federal states the scope of activity of the environmental organisation extends. The exercise of party rights is possible in proceedings concerning projects which are to be carried out in this Federal State/Länder or in the immediately adjacent federal states/Länder. On the homepage of the Federal Ministry for Agriculture, Forestry, Environment and Water Management, the Federal Minister for Agriculture, Forestry, Environment and Water Management publishes a list of environmental organisations, which have been recognised in accordance with paragraph 7. The list shall state in which federal states the environmental organisation is empowered to exercise party rights.

(9) An environmental organisation recognised in accordance with paragraph 7 is obliged to report immediately to the Federal Minister for Agriculture, Forestry, the Environment and Water Management the removal of a criterion laid down in paragraph 6. At the request of the Federal Minister for Agriculture, Forestry, the Environment and Water Management, the environmental organisation shall submit appropriate documents showing that the criteria of paragraph 6 will continue to be met. If the Federal Minister for Agriculture, Forestry, the Environment and Water Management is aware that a recognised environmental organisation no longer fulfils a criterion in accordance with paragraph 6, this is in agreement with the Federal Minister for Agriculture, Forestry, Environment and Water Management. Federal Minister for Economic Affairs and Labour. The list referred to in paragraph 8 shall be amended accordingly.

(10) An environmental organization recognized in accordance with paragraph 7 has party status and is entitled to assert compliance with environmental protection regulations in the proceedings, insofar as they are subject to written objections during the application period pursuant to § 9 (1) . It is also entitled to lodge a complaint to the Administrative Court.

(11) An environmental organisation from another State may exercise the rights referred to in paragraph 10 if a notification of the other State has been made pursuant to Article 10 (1) Z 1, the effect on that part of the environment of the other State in order to protect the environment, and the environmental organisation in the other Member State could take part in the environmental impact assessment procedure if the project were to be carried out in that State. "

27. In § 20 (2), the expression "§ 19 (1) (3) to (6)" by the expression "§ 19 (1) (3) to (7)" replaced.

28. In Article 22 (1) and (2), the designation shall be: "18a" by the name "18b" replaced.

29. § 22 (4) reads:

" (4) The responsibility for the enforcement and supervision of compliance with the secondary provisions of the approval certificate (of conditions, conditions and other obligations) depends on the transfer of responsibility in accordance with paragraphs 1 and 2 after the application of the Administrative provisions. Secondary provisions adopted pursuant to Section 17 (2) to (4) and (6) shall be carried out by the Land Government and shall be monitored for compliance with the provisions of this Regulation. In relation to these secondary provisions, this shall have, if the suspicion of a transgressing according to § 45 Z 2 lit. a is to take the measures referred to in Section 360 (1) and (3) of the Industrial Regulations 1994. For reasons of appropriateness or cost savings, it may delegate this power to the district administrative authorities. "

30. § § 23a to 24e together with the headings:

" Scope of application for federal roads

§ 23a. (1) For the following projects of federal roads, an environmental impact assessment (§ 1) is to be carried out in accordance with this section:

1.		New construction of federal roads or parts thereof, with the exception of additional connecting points,
2.		the extension of an existing national road from two to four or more lanes with a continuous length of at least 10 km,
3.		Construction of a second directional lane on a continuous length of at least 10 km.

(2) For the following projects of federal roads, an environmental impact assessment (§ 1) is to be carried out under the simplified procedure under this section:

1.		New construction of additional connecting points if, on all ramps, a total average daily traffic load (DTV) of at least 8,000 cars is to be expected over a forecast period of five years;
2.		(1) (2) or (3) projects less than 10 km in length if, together with directly adjoining sections not yet or in the last 10 years, a continuous length of at least 10 km is reached;
3.		Extension measures of any kind on federal roads, if a protected area of categories A, B, C, D or E of Annex 2 is touched and can be expected on a case-by-case basis, taking into account the extent and the sustainability of the The environmental impact of the protected habitat (category B of Annex 2) or the protective purpose for which the protected area (categories A, C, D and E of Annex 2) has been established is significantly affected, with the exception of the contact of protected areas solely by means of protective structures for the disposal of Hazardous areas or due to disasters caused by catastrophic events or by building bridges, the construction of additional parking spaces with less than 750 parking spaces, the construction of additional plants according to § 27 of the Bundesstraßengesetz 1971 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, or changes of the Road axle or Nivelette by less than 5 m, installations for the Road operation and environmental protection measures.
In the case of the decision in individual cases, section 24 (5) shall apply.

Scope of application for high-performance lines

§ 23b. (1) An environmental impact assessment (§ 1) shall be carried out in accordance with this section for the following projects of high performance routes, which do not consist merely of expansion measures on existing railways.

1.		New construction of long-distance railway lines or sections thereof, new construction of other railway lines or their sub-sections of a continuous length of at least 10 km,
2.		Modification of railway lines or their sections of a continuous length of at least 10 km, provided that the centre of the outermost track of the modified track is more than 100 metres from the centre of the outermost track of the existing track is.

(2) An environmental impact assessment (§ 1) shall be carried out in the simplified procedure under this section for the following projects of high-performance routes:

1.		(a) the construction of new railway lines or their sub-sections if a protected area of categories A, B, C or E of Annex 2 is affected;
b)			Modification of railway lines or sections thereof, if the centre of the outermost track of the modified route is more than 100 metres away from the centre of the outermost track of the existing route, and a protected area of categories A, B, C or E of Anhange 2,
c)			Modification of railway lines by means of a track on a continuous length of not less than 2,5 km when a protected area of categories A, B or C of the Annex 2 is touched or
d)			Modification of railway lines or parts of their sections with a volume of traffic (before or after the increase in capacity) of at least 60 000 trains per year by at least 25% increase in traction capacity, if a protected area of category E of attachment 2 shall be affected,
		in each individual case, it is to be expected that, taking into account the extent and sustainability of the environmental impact, the protected habitat (category B of attachment 2) or the protective purpose for which the protected area is protected is to be expected. (Categories A, C and E of Annex 2), which is significantly affected, except in the case of sensitive areas only being touched by protective structures for the elimination of danger areas or by reason of Disasters caused by emergencies existing routes;
2.		Projects referred to in paragraph 1 (2) or (3) shall be less than 10 km in length if, together with directly adjoining pieces which have not yet been or have been released for the last 10 years, a continuous length of at least 10 km shall be achieved, and shall be based on the following: a cumulative effect on the effects of the cuts on the basis of the criteria of § 3 (4) (1) to (3) in individual cases with significant harmful, annoying or burdensome effects on the environment, and therefore a Environmental impact assessment for the project is to be carried out.

In the case of the decision in individual cases, section 24 (5) shall apply.

(3) It is necessary to carry out an environmental impact assessment in accordance with this section for the construction of a high-performance section and, in the light of this project, to include an accompanying measure listed in Annex 1 to this project in a spatial and factual context. The environmental impact assessment for the overall project (High Performance Track and Accompanying Measure) is to be carried out in accordance with the provisions of this section. Where the simplified procedure is provided for in the case of a high performance track and accompanying measure, this procedure shall apply. No further environmental impact assessment is to be carried out for all subsequent approval procedures.

(4) As a result of the construction of a high-performance route for which no environmental impact assessment pursuant to paragraph 1 or 2 is to be carried out, an accompanying measure referred to in Annex 1 which is related to this project in a spatial and factual context, an environmental impact assessment shall be carried out in accordance with the provisions of this section for the project as a whole (High-performance route and accompanying measure). Where the accompanying measure provides for the simplified procedure, this procedure shall apply. No further environmental impact assessment is to be carried out for all subsequent approval procedures.

Procedure, Authority

§ 24. (1) If a project is to be subject to an environmental impact assessment in accordance with § 23a or § 23b, the Federal Minister of Transport, Innovation and Technology has the environmental impact assessment and a partial concentration Authorisation procedure. In this authorisation procedure, he/she shall apply all the authorisations required for the execution of the project in accordance with the provisions of the Federal Administrative Law, which are otherwise required by him/her or one another. Federal Minister of Foreign Affairs. The Governor of the State may be entrusted, in full or in part, with the implementation of the environmental risk assessment and, in the case of high-performance routes, of the partially concentrated authorisation procedure, if this is in the interests of expediency, Rashness, Simplicity and cost savings.

(2) The Federal Minister for Transport, Innovation and Technology is also the competent authority for the assessment procedure in accordance with paragraph 5. The district administrative authority shall be responsible for the enforcement of the criminal provisions.

(3) The Governor of the State shall carry out a partially concentrated authorisation procedure in which he shall, in accordance with the provisions laid down by the Federal Law, also apply the other administrative provisions, including those in its own sphere of action, to the municipality for which: Implementation of the project has to be subject to the approval requirements. The district administrative authority may be entrusted in whole or in part with the implementation of the partially concentrated authorisation procedure, if this is in the interests of convenience, purity, simplicity and cost savings.

(4) The responsibility for the authorisation provisions to be carried out under the administrative provisions of the Member States shall remain unaffected.

(5) In accordance with section 23a and § 23b, the authority referred to in paragraph 2 shall have the participating authorities, the environmental authority and the local community, with the following documents, which shall be used to identify the project and assess its impact. pursuant to Section 23a (2) or Section 23b (2), to inform. Within six weeks of notification, you may request a determination as to whether an environmental impact assessment is to be carried out for the project and have a party position with the rights in accordance with section 19 (3), second sentence. Party position and application legitimation also has the project shipyard/project werberin. This application shall be decided within eight weeks. The essential content of the decision, as well as the main reasons for the decision, must be made available in a suitable form or be subject to public consultation. This paragraph shall not apply where an environmental impact assessment is carried out for the project.

(6) In the case of the examination in accordance with Section 23a (2) and Section 23b (2), protection-worthy areas of categories A, C, D and E shall be taken into account only if they are designated on the day of the initiation of the proceedings in accordance with Section 24a (1) or are included in the list of areas with of Community importance (category A of the Annex 2).

(7) Unless otherwise specified in the following provisions of this section, the procedure referred to in paragraph 1 shall apply: § 2 (Definitions) provided that the competent authorities are those authorities which, in addition to the competent authority referred to in paragraph 1, are in accordance with the administrative provisions relating to the authorisations of a project subject to an EIA pursuant to § 23a or § 23b of the EIA , or to participate in the relevant proceedings; § 4 (preliminary proceedings); § 6 (Declaration of Environmental Impact), with the proviso that the Authority may stipulate that certain particulars and documents, insofar as they are not intended for an assessment, shall be the environmental impact at this stage of the proceedings is necessary, only in a later stage approval procedures; § 10 (1) to (6) and (8) (transboundary effects); § 16 (oral proceedings).

(8) § 9 (public edition) shall apply with the proviso that the public edition and the condition pursuant to Section 4 (5) of the Bundesstrasse Act (Bundesstraßengesetz) are to be carried out in 1971 in one. It should also be pointed out to the party or particialposition of citizens ' initiatives in the approval procedures. § 19 (4) applies to the development of the citizens ' initiative.

(9) In the simplified procedure, § 24c (environmental impact assessment) is not applicable, instead § 24d (summary assessment of the environmental impact) and § 24h (8) fourth sentence shall apply.

(10) Prior to the completion of the environmental impact assessment or the case-by-case examination, authorisations must not be granted for projects which are subject to an examination in accordance with Section 23a or § 23b and are not subject to any administrative provisions. legal effect. Authorisations granted in breach of this provision may, within a period of three years, be null and void by the competent authority or, where such a decision is not provided, by the authority which issued the decision. shall be declared.

(11) In the case of projects of § 23a and § 23b, the environmental impact assessment can be carried out in a coordinated manner. The Authority may commission a joint environmental impact assessment (§ 24c) or a joint summary assessment (§ 24d).

Introduction of the environmental impact assessment

§ 24a. (1) In accordance with Section 24 (1), the project advertiser shall submit an application for a permit to the authority, which shall be responsible for the documents required for the approval of the project in accordance with the provisions laid down in Article 24 (1) of this Regulation and the documents required for the approval of the project. An environmental impact statement in the required number of cases. As far as possible and with a view to expediency, convenience, simplicity or cost savings, these documents must, in any event, also be submitted electronically in accordance with section 9 (4). Evidence of allowances shall not be deemed necessary to the extent that, in this regard, an administrative provision provides for the granting of compulsory rights. The project advertiser also has to indicate if and in what way he/she has informed the public of the project. If a mediation process has been carried out, the results shall be submitted to the Authority in accordance with Section 24 (1).

(2) absence in the application for authorisation documents as referred to in paragraph 1 or if the information in the environmental impact statement is incomplete, the authority shall, in accordance with section 24 (1), even if this is not the result of the approval procedure, to the Project advertiser (s) in accordance with § 13 paragraph 3 of the AVG (AVG) to supplement the permit application or the environmental impact statement.

(3) The authority referred to in Article 24 (1) shall immediately submit the request for authorisation to the participating authorities and the local municipality to the project documents relating to them and the environmental impact statement for their opinion. The participating authorities have to participate in the technical and legal assessment of the project to the extent necessary and to submit proposals for the necessary specialist areas and respective expert reports.

(4) In any case, the environmental authority and the Federal Minister for Agriculture, Forestry, the Environment and Water Management must immediately submit the environmental impact statement. These can take a position on this.

(5) The application must be dismissed in any state of the proceedings if, in the course of the proceedings, it appears in an unquestionable manner that the project is contrary to certain conditions of approval to such an extent that the deficiencies are subject to conditions, Conditions, deadlines, project modifications or compensatory measures cannot be remedied.

Schedule

§ 24b. The authority referred to in Article 24 (1) shall, together with the other authorities responsible for issuing authorisations, draw up a timetable for the conduct of the procedures in which the individual procedural steps shall be taken, taking into account the by the nature, size and location of the project, the necessary surveys and investigations are subject to deadlines. The schedule is to be published on the Internet. Significant breaches of the timetable shall be justified on the basis of the approval modestals.

(2) The Authority shall decide on the application for authorisation in accordance with § 24a without unnecessary delay, but at the latest within 12 months.

Environmental impact assessment

§ 24c. (1) For projects for which an environmental impact assessment has to be carried out in accordance with this section, the competent authority in accordance with Article 24 (1) shall have experts from the relevant fields concerned with the preparation of an environmental impact assessment. , unless a simplified procedure is to be carried out. In the case of environmental impact assessments, divergent views of the experts involved shall also be held.

(2) The confiscation of non-official experts or coordinators shall be permitted. It is also possible to appoint specialist institutions, institutes or companies as experts.

(3) costs incurred by the Authority in the implementation of the environmental impact assessment procedure, such as fees or fees for experts or coordinators/coordinators, shall be borne by the project advertiser/project manager. The authority may inform the project advertiser/project werberin to pay directly these costs after checking the factual and computational correctness by the authority.

(4) The opinions and documents submitted by the project advertiser (s) in the framework of the environmental impact declaration or in the procedure or other of the Authority to the same project or the location of the Authority shall be the To take account of the preparation of the environmental impact assessment.

(5) The environmental impact assessment shall be

1.		the environmental impact statement submitted in order to assess the impact of the project in accordance with Article 1 (1) and other relevant documents submitted by the project advertiser/project werberin according to the state of the art and the state of the to evaluate and, if necessary, to supplement the relevant sciences in a comprehensive and inclusive overall show and in the light of the approval criteria of § 24 h from a technical point of view,
2.		to deal with the opinions submitted in accordance with § 9 (5), § 10 and § 24a of the European Parliament, in which rectified opinions or opinions which have been received on the same subject can be considered together,
3.		make proposals for measures pursuant to Article 1 (1) (2) (2);
4.		to include in accordance with Article 1 (1) (1) (3) and (4); and
5.		to include technical information on the expected impact of the project on the development of the space, taking into account public concepts and plans, and with a view to the sustainable use of resources.

(6) Weiters are to make proposals for the protection of evidence and for accompanying control.

(7) The environmental impact assessment shall contain a general summary.

(8) The project manager shall provide the Authority and the expert with all the information necessary for the preparation of the opinions.

Summary assessment of the environmental impact

§ 24d. For projects for which an environmental impact assessment must be carried out under the simplified procedure in accordance with this section, the competent authority in accordance with section 24 (1) shall, building on the provisions of the environmental impact statement or in the procedure, have or other opinions and documents drawn up or submitted to the same project or the location of the Authority, and to the opinions received and taking into account the approval criteria of § 24 h, a summary To assess the environmental impact. § 24c (2), (3) and (8) shall apply with the proviso that a summary assessment shall be drawn up in lieu of an environmental impact assessment.

Information on the environmental impact assessment or the summary assessment

§ 24e. (1) The environmental impact assessment is based on the project advertiser, the project manager, the participating authorities, the local community, the environmental lawyer and the Federal Minister for Agriculture, Forestry, the Environment and Water Management. or to submit the summary assessment without delay.

(2) The environmental impact assessment (§ 24c) shall be immediately available for public consultation with the authority and in the municipality for at least four weeks. This requirement shall be made available in a suitable form. The parties can make copies themselves or make copies of them at their expense. If necessary, the authority of the municipality shall have a sufficient number of copies available. Section 9 (2) shall apply. "

31. § 24f together with the title shall be deleted.

32. (Determination of the Constitution) § § 24g and 24h together with the headings:

" Change of the project

§ 24g. (1) In an authorisation procedure, the project may be amended without having to repeat the steps taken to date of the environmental impact assessment, to the extent that:

1.		shall be taken into account by the amendments to the environmental impact assessment; or
2.		with the changes cannot be associated with adverse environmental effects.

(2) In the case of changes in the project other than those referred to in paragraph 1

1.		the project documents and the environmental impact statement shall be supplemented or amended accordingly,
2.		In accordance with Section 24 (1), the Authority shall have the opportunity to give its opinion pursuant to Section 24a (3) and (4) for the opinion, within three weeks to the amendments to the project and to the amended or amended parts of the environmental impact statement to take a position; § 24 (8) and § 24a (3) and (4) are to be applied with the proviso that the period of application and opinion is only three weeks; and
3.		, the Authority shall subsequently arrange for the environmental impact assessment or summary assessment to be supplemented and the environmental impact assessment to be applied for public inspection. § 24e shall apply with the proviso that the application period shall be only two weeks.

Decision and follow-up

§ 24h. (1) Authorisations (para. 6) may be granted only if, with regard to effective environmental protection, the following conditions are fulfilled in addition to the administrative provisions to be applied:

1.		Emissions of pollutants shall be limited according to the state of the art,
2.		the immission of protective goods shall be kept as low as possible, and in any event, the immission shall be avoided,
a)			Endanger the life or health of persons or the property or other rights of neighbours/neighbours
b)			significant environmental pressures caused by sustainable effects, at least those which are likely to cause permanent damage to the soil, air, plant or animal population or the state of the aquatic environment; or
c)			to an unreasonable annoyance of the neighbours within the meaning of Section 77 (2) of the Industrial Regulations 1994, and
3.		Waste is to be avoided or used in accordance with the state of the art or, to the extent that it is economically unjustifiable, to dispose of it properly.

(2) In the case of road construction projects (Section 23a and Annex 1 Z 9), in individual cases, the implementation of the project will permanently relieve a significantly larger circle of neighbours of existing transport facilities as neighbours of the project, the following shall apply: the approval requirement of paragraph 1 Z 2 lit. c is satisfied if the annoyance of the neighbors is kept as low as this can be achieved by an economically justifiable effort with a view to the achievable purpose. In the case of railway projects (§ 23b and Annex 1 Z 10 and 11), the reasonableness of a nuisance in the sense of paragraph 1 Z 2 is lit. c according to existing specific immission protection rules.

(3) The results of the environmental impact assessment (in particular environmental impact assessment, environmental impact assessment or summary assessment, opinions, including the opinions and outcome of the consultations, shall be submitted in accordance with § 10, result of any public discussion) shall be taken into account in the decision. Due to appropriate conditions, conditions, deadlines, project modifications, compensatory measures or other prescriptions (in particular also for monitoring, measurement and reporting obligations and measures to ensure the aftercare), it is necessary to a high level of protection for the environment as a whole.

(4) The overall assessment is that the project and its effects, in particular through interactions, cumulation or relocations, seriously affect public interests, in particular environmental protection, and The application must be dismissed if environmental pollution is to be expected, which cannot be prevented or reduced to a tolerable level by conditions, conditions, deadlines, other prescriptions, compensatory measures or project modifications or reduced to a tolerable level.

(5) The authorisation may set appropriate time limits for the completion of the project, individual parts of it or for the use of rights. The Authority may extend these deadlines for important reasons if the project advertiser/project advertiser requests this before the expiry of the deadline. In this case, the expiry of the period until the final decision or the decision of the Administrative Court or Constitutional Court on the expulsion of the extension request is inhibited. Within the framework of an appeal procedure or in accordance with § 24g, the time limits may be changed from officals.

(6) The competent authorities in accordance with section 24 (1) and the other authorities responsible for issuing authorisations within the meaning of section 2 (3) shall apply paragraphs 1 to 5, 13 and 14, insofar as they are relevant for their scope of action.

(7) The competent authority in accordance with Section 24 (1) shall coordinate the authorisation procedures with the other competent authorities. In particular, it is necessary to coordinate how the results of the environmental impact assessment are taken into account in the individual authorisations and to work towards a continuity of the experts throughout the procedure.

(8) ( Constitutional provision ) In the approval procedures referred to in paragraph 6, the persons concerned shall have a party position in accordance with § 19 (1) (1) (1) of the Party's Party, according to the applicable administrative provisions and the persons concerned The persons referred to in Article 19 (1) (1) (3) to (6) shall have party status in accordance with § 19 with the right to exercise compliance with environmental protection regulations as a subjective right in the proceedings and appeal to the Administrative Court, Citizens ' initiatives also to be raised to the Constitutional Court. Persons according to § 19 paragraph 1 Z 7 have party status in accordance with § 19 with the authority to exercise compliance with environmental regulations in the proceedings and to lodge a complaint to the Administrative Court. Where an environmental impact assessment has been carried out under the simplified procedure, citizens ' initiatives may, in accordance with section 19 (4), take part in the proceedings as participants with the right to access to the file. Section 24c (2) and (3) shall apply to the approval procedures referred to in paragraph 6 and to the coordination pursuant to paragraph 7.

(9) In the proceedings pursuant to Article 24 (1) and (3), the Authority may, at the request of the project shipyard/project manager, first discuss all matters necessary for the assessment of the basic admissibility of the project. In this case, only the documents necessary for the assessment of the basic admissibility shall be provided. In principle, it is also possible to agree on the areas of detail to be reserved for detailed authorisations.

(10) In any case, the basic authorisation in proceedings pursuant to Section 24 (1) shall be subject to the approval of the approval requirements laid down for the Trassenjudgment pursuant to the Bundesstraßengesetz 1971 and the High-Performance Route Act. Administrative provisions and compulsory rights provided for in paragraph 15 may, from the point of view of the legal validity of the basic statutes, take advantage of the results of the environmental impact assessment in accordance with paragraphs 3 and 4. , and to the extent that the subject-matter, scope and necessity of the compulsory right of principle approval can be deduced.

(11) On the basis of the basic authorisation which has already been adopted, the Authority shall, on the basis of the detailed procedures for the submission of the detailed authorisations, have the necessary further documentation in the detailed procedure, applying the conditions of approval in accordance with paragraph 1. 1 to 5 to decide. § 16 shall not be applied in the detailed procedures. The parties involved in the detailed project, or The parties involved in paragraph 8 and the participating authorities shall be required to join. Amendments to the basically approved project may be made in the detailed approval in so far as the criteria of section 24g (1) are met and the parties affected by the change had the opportunity, in accordance with paragraph 8, to have their To pursue interests.

(12) In the proceedings pursuant to § 24 (1) and (3), furthermore, § 18a (section approvals) with the proviso that for each individual section approval, paragraphs 1 to 11, paragraphs 13 and 14, as well as § 16 apply; § 23 (Checks and Dulduty obligations).

(13) In any case, approval notices referred to in paragraph 6 shall be open for public inspection at least eight weeks in the case of the modest authority and in the municipality. They shall reduce and, as far as possible, compensate for the reasons for the decision and the participation of the public and a description of the main measures to prevent significant adverse effects. . The edition must be made available in a suitable form, or in any case on the Internet.

(14) In accordance with Section 44f of the AVG, the delivery of official documents shall be effected by Edict, the public edition shall be effected by way of derogation from § 44f paragraph 2 of the AVG with the competent authority and in the local municipality.

(15) In order to implement measures which, in accordance with the results of the environmental impact assessment, constitute a condition for the approval of a project, the property may be property, permanent or temporary clearance, Limitation and cancellation of conditional and compulsory rights (in particular the rights of use and stock rights) to such rights shall be taken into account in the course of expropriation. This applies, however, only to the extent that other federal or state laws provide for expropriation for this purpose. The provisions of Sections 18 to 20a of the Bundesstrasse Act (Bundesstraßengesetz) in 1971 are subject to the provisions of Section 23b of the provisions of Section 23b of the provisions of the Railways-Enpropriation Compensation Act (Railway Enpropriation Compensation Act).

(16) In accordance with Article 24 (1), the Authority, together with the participating authorities, shall, at the earliest three years, review the project at the latest five years after the release of the traffic, to see whether the approval notices are being complied with and whether the assumptions and Forecasts of the environmental impact assessment shall be consistent with the actual impact of the project on the environment. The results of the follow-up are to be submitted to the participating authorities and to the Federal Minister for Agriculture, Forestry, Environment and Water Management. "

45. In § § 24i, 24j, as well as 24k para. 1 and 3, the expression "paragraphs 30 to 42" by the expression "paragraphs 25 and 30 to 42" replaced.

46. In Section 24l (2), the name shall be: "§ 55a WRG 1959" by the name "§ 59a WRG 1959" replaced.

47. § 39 reads:

" § 39 (1) The state government shall be responsible for the procedures after the first and second sections. The jurisdiction of the Land Government extends to all investigations, decisions and supervision in accordance with the administrative provisions concerned pursuant to Article 5 (1) and to changes in accordance with § 18b. It also covers the enforcement of criminal provisions. The State Government may entrust the District Administrative Authority, in whole or in part, with the implementation of the procedure, including procedures in accordance with § 45, and may also authorise it to decide on its behalf. This does not affect legal co-action and consultation rights.

(2) In proceedings after the second section, the jurisdiction of the state government begins with the legal force of a decision pursuant to § 3 (7) that an environmental impact assessment must be carried out under this federal law for a project, or otherwise with the application for a preliminary procedure in accordance with § 4 or, no such request has been made, with the application according to § 5. From that date on, in the matters referred to in paragraph 1, the competence of the authorities responsible under the administrative provisions of this Federal Law shall be restricted to participation in the enforcement of this Federal Law. The jurisdiction of the Land Government shall end at the date referred to in § 22. "

48. In § 41, the name shall be: "§ 17 (6)" by the name "§ 17 (7)" replaced.

49. § 45 reads:

" § 45. In so far as the action does not constitute a criminal offence within the jurisdiction of the courts, an administrative surrender shall be committed and punishable by the authority with a fine

1.		up to Euro 30 000, who carries out or operates an EIA-based project (§ § 3, 3a, 23a and 23b) without the authorisation required under this federal law (§ § 17 and 24 (1));
2.		up to Euro 15 000, who
a)			Minor provisions (obligations and other obligations) pursuant to § 17 (2) to (4) and (6) or § 20 (4) do not comply,
b)			does not comply with the obligation to notify pursuant to Section 20 (1),
c)			Contrary to § 23 (1) and (2), surveys, checks or sampling does not enable or hinder or provide information or does not provide any information or documents required. "

50. (constitutional provision) The following paragraphs 18 and 19 are added in § 46:

" (18) For the in-force trek by the Federal Law BGBl. I n ° 153/2004, the following provisions shall apply in the case of non-compliance with the provisions of the same law and the transition to the new legal situation:

1.		§ 1 para. 2, § 2 para. 3, § 3 para. 4, 5 and 7, § 3a, § 5 para. 1, § 7 para. 1, § 9 para. 3 to 5, § 10, § 12 para. 4, § 17, § 18, § 18a, § 18b, § 19 para. 1, 3, 4, 6 and 8 to 10, § 20 para. 2, § 22, § 23a bis § 24h, § 24i bis § 24l, § 39, § 41, § 45 and § 47 , as well as the preliminary credits to Annexes 1 and Z 1, 2, 9 to 15, 17 to 19, 21, 24 to 26, 43, 61, 63, 64, 79, 80, 82 of Annex 1, together with footnotes 1a, 2, 3, 3a, 4, 4a and 15, and Annex 2, shall appear on the 1. Jänner 2005 in force.
2.		§ 24f, Z 38 of Annex 1 as well as footnotes 6, 11 and 21 in Annex 1 of this Federal Law, as amended by BGBl, are at the same time at the same time as the entry into force of the provisions referred to in Z 1. I No 89/2000, BGBl. I n ° 151/2001 and BGBl. I No 50/2002.
2a.		Section 19 (10) of the last sentence shall not apply on 1 June 2006 for projects for which a simplified procedure is to be carried out. Proceedings pending at that date shall be brought to an end in accordance with the legal situation in force on 31 May 2006.
3.		§ 3a (1) (1) (1) in the version of the Federal Law BGBl. I No 153/2004 shall not apply to projects for which a final decision pursuant to Article 3 (7) is available on 31 May 2005 and a procedure in accordance with § 5 or, it has been established that no procedure is to be carried out in accordance with the UVP-G 2000, after a the law of materials to be applied. Section 19 (1) (7) and (10) and (11) in the version of the Federal Law BGBl. I n ° 153/2004 shall apply to projects for which the proceedings are initiated pursuant to § 5 or Article 24a after 31 May 2005.
4.		For projects falling within the scope of application 1 Z 9 to 12, 14, 15, 17 to 19, 25, 26, 63, 64, 79 and 80, which for the first time fall within the scope of application of this Federal Law and for which an authorisation procedure required by the administrative provisions up to 31 December 2008 is required. This federal law is not to be applied unless the project advertiser/project manager of the federal state government is not responsible for carrying out the environmental impact assessment and the concentrated authorisation procedure or the project, respectively. request a case-by-case examination.
5.		The third section in the version of the Federal Law BGBl. I No 153/2004 shall not apply to the following projects:
a)			Federal roads and high-performance routes, for which the customer is to be held until 31 December 2004 in accordance with Section 9 (3);
b)			Federal roads and high-performance routes which fall under the scope of this Federal Act for the first time and for which the consultation procedure provided for by the Federal Road Act of 1971 or the High-Performance Route Act until 31 December 2004 or an authorisation procedure required by the administrative provisions, unless the project advertiser/the project advertiser is responsible for carrying out the environmental impact assessment or a case-by-case examination;
c)			Federal roads, for which the preliminary proceedings pursuant to § 4 are initiated by 31 December 2004 and the customer is to be held in accordance with § 9 para. 3 until 31 May 2004, unless the project advertiser/the project advertiser the application of the third section. in the version of the Federal Law BGBl. I No 153/2004.

(19) ( Constitutional provision ) For the entry into force by the Federal Act BGBl. I n ° 153/2004, new constitutional provisions or constitutional provisions, for the out-of-the-force treks by the same federal law of repeal constitutional provisions and for the transition to the new legal situation:

1.		Section 19 (7) in the version of the Federal Law BGBl. I n ° 153/2004 shall take place on 1 January 2007. Jänner 2005 in force.
2.		§ 24 (11) and § 47 (3) of this Federal Law in the version BGBl. No 773/1996 will take place on 1 January 2008. However, in accordance with the provisions of Z 3 and Section 18 (5), the addition of force to January 2005 shall be applicable in respect of the projects referred to in that paragraph.
3.		The third section in the version of the Federal Law BGBl. I No 153/2004 shall not apply to the following projects:
a)			Federal roads, for which an arrest procedure has been initiated pursuant to Section 24 (5) until 31 December 2004; however, for such projects, the manifestation pursuant to Article 9 (3) is only carried out after 31 May 2005, the party or the party shall be deemed to have been held in accordance with Section 9 (3). Participation in the procedures for the granting of authorisations in accordance with § 2 (3) the provision of Section 24h (8) in the version of the Federal Law BGBl. I No 153/2004;
b)			High-performance routes, for which the preliminary proceedings pursuant to § 4 have been initiated by 31 December 2004, provided that the project advertiser/the project wereger does not apply the third section in the version of the Federal Law BGBl. I n ° 153/2004; if, pursuant to Article 9 (3), the agreement is not carried out for such projects only after 31 May 2005, the party or party position in the procedures for issuing authorisations in the meaning of section 2 (3) shall apply. Provision of Section 24h (8) in the version of the Federal Law BGBl. I No 153/2004.
4.		With regard to projects according to Z 3, for which the hearing proceedings are initiated by the customer pursuant to § 9 (3) after 31 May 2005, the Constitutional Court recognizes the illegality of the TrassenverRegulations within a period of six weeks. from the application of the Regulation submitted in accordance with Section 19 (1) (3) to (7) in the version of the Federal Law BGBl (Federal Law Gazette). I No 153/2004. '

51. (constitutional provision) § 47 reads:

" § 47. (1) The Federal Minister for Agriculture, Forestry, Environment and Water Management, otherwise the Land Government, shall be responsible for the enforcement of this Federal Act, insofar as they are assigned to the Federal Government and do not determine the provisions of Section 2 to 4 otherwise.

(2) The Federal Minister for Transport, Innovation and Technology shall be responsible for the enforcement of § § 23a to 24h and § 45 in respect of these provisions, however, to the extent that approval procedures are to be carried out by other authorities, the Federal ministers responsible for the enforcement of the administrative provisions to be applied to them.

(3) For the enforcement of § § 21, 22 and 23, insofar as they are assigned to the Federal Government, the Federal Ministers responsible for the enforcement of these administrative provisions shall be responsible for the enforcement of these administrative provisions.

(4) The Federal Minister for Agriculture, Forestry, Environment and Water Management is in agreement with the Federal Minister for the Enforcement of Section 19 (7) and the release of a fog pursuant to Section 9 of the German Federal Minister for Agriculture, Forestry, Environment and Water Management Economy and labour. "

53. In the preliminary credits to Annex 1, the expression "Categories A, C and D" by the expression "Categories A, C, D and E" replaced.

Annex 1 Z 1 (column 1) reads as follows:

" (a)		Landfills for hazardous waste; calculation basis (Section 3a (3)) for amendments is the overall volume approved in a modest way;
b)		Installations for the biological, physical or mechanical-biological treatment of hazardous wastes with a capacity of at least 20 000 t/a;
c)		Other installations for the treatment (thermal, chemical) of hazardous waste, with the exception of installations for the exclusive recycling of waste. "

55. In Annex 1, Z 2 lit. c is after the expression "35 000 t/a" the expression "or 100 t/d" inserted.

56. Annex 1 Z 9 (column 1) reads as follows:

" (a)		new construction of highways or subsections, with the exception of additional connecting points; the construction of two on four or more lanes on a continuous length of at least 10 km shall also be considered as new construction;
b)		New construction of other roads or sections thereof with a continuous length of at least 10 km, if on the new road an average daily traffic load (DTV) of at least 2 000 motor vehicles in a forecasting period of five years; the addition of two to four or more lanes is also to be expected;
c)		Re-direction of a second directional lane over a continuous length of at least 10 km; "

57. Annex 1 Z 9 (column 2) is:

" (d)		New construction of additional connecting points on expressway 1) if, on all ramps, a total average daily traffic load (DTV) of at least 8 000 motor vehicles is to be expected over a forecast period of five years;
e)		New construction of other roads or sections thereof with a continuous length of at least 5 km if, on the new road, an average daily traffic load (DTV) of at least 15 000 motor vehicles over a forecast period of five years;
f)		Projects of lit. a, b, c or e, if the length criterion of the respective lit. shall be achieved only jointly with the directly adjacent sections which have not yet been or have been released for the last 10 years; "

58. Annex 1 Z 9 (column 3) is:

" (g)			other types of road hauling (1) or new construction of other roads or parts thereof, when a protected area of categories A or C is affected and an average daily traffic load (DTV) of at least 2 000 motor vehicles is to be expected in a forecast period of five years;
h)			other type of road transport (1), new construction of other roads or sections thereof with a continuous length of at least 500 metres, each when a protected area of categories B or D is affected and an average of daily traffic load (DTV) of at least 2 000 motor vehicles over a forecast period of five years;
i)			New construction of other roads or subsections if a protected area of category E is affected and an average daily traffic load (DTV) of at least 15,000 motor vehicles over a forecast period of five years is expected;

As a new building in the meaning of lit. g to i shall also apply two to four or more lanes, with the exception of lit. g to i shall be the contact of protected areas exclusively by means of protective structures for the elimination of hazardous areas or due to disasters caused by disasters, by means of the levelling of railway crossings or by new bridge construction Conditional relocations of existing roads.

At lit. g and h is not to be applied to Section 3a (5).

Federal roads (§ 23a) are not covered by Z 9. "

59. In Annex 1 Z 10 (column 2) the following new lit. d inserted:

" (d)		Projects of the lit. (b) and (c) if the length criterion is fulfilled only jointly with directly adjacent sections not yet or in the last 10 years free of the traffic and the authority determines, on a case-by-case basis, that due to a cumulation of the the effects of the cuts with significant harmful, nuisable or burdensome effects on the environment and, therefore, an environmental impact assessment for the proposed project is to be carried out; "

Annex 1 Z 10 (column 3) reads as follows:

" e)		new construction of railway lines or subsections where a protected area of categories A, B, C or E is affected;
f)		Modification of railway lines or sections thereof, if the centre of the outermost track of the modified route is more than 100 m away from the centre of the outermost track of the existing track and a protected area of categories A, B, C or E is touched;
g)		the modification of railway lines by means of a track on a continuous length of not less than 2,5 km, when a protected area of categories A, B or C is affected;
h)		Modification of railway lines or parts of their sections with a volume of traffic (before or after the increase in capacity) of at least 60 000 trains per year by at least 25% increase in traction capacity, if a protected area of category E is touched.

Except for lit. e to h are trams, highways in the high position, underground railways, suspended railways and similar lines of special design, which are used exclusively or primarily for the carriage of passengers, within closed settlement areas, and Connecting tracks, except for the contact of protected areas exclusively through protective structures for the elimination of hazardous areas or due to disasters caused by disasters.

In the case of lit. c, f, g and h, Section 3a (5) shall not apply. From Z 10, high-performance lines (§ 23b) are not recorded. "

61. In Annex 1, Z 11 (column 1), the point shall be referred to lit. b replaced by a stroke point. Annex 1 Z 11 (column 3) reads as follows:

" (c)		waste stations in protected areas of categories A or C with a land use of at least 30 ha;
d)		freight terminals, freight terminals or freight centres in protected areas of categories A or C with a land use of at least 25 ha. "

62. Annex 1 Z 12 (column 1) is:

" (a)		Re-closure or modification (extension) of glacier harbos, if this involves land use by the construction of a piste or by lift-lines;
b)		New closure or modification (extension) of ski areas 1a) by the construction of cable conveyors for the carriage of passengers or towing lifts or the erection of slopes, where land use is associated with change of land by the construction of a piste or by lift routes of at least 20 ha; "

63. Annex 1 Z 12 (column 3) is:

" (c)		New closure or modification (extension) of ski areas 1a) by the construction of cable conveyors for the carriage of passengers or towing lifts or the construction of slopes in protected areas of category A, if this means land use by the construction of a piste or by lift routes of at least 10 ha is connected.

In the case of Z 12, Section 3 (2) and Section 3a (6) are to be applied, with the proviso that the Authority has to determine, on a case-by-case basis, whether or not due to a cumulation of the effects with significant harmful, nuisances or burdensome effects on the environment and, therefore, an environmental impact assessment should be carried out if, in the case of the proposed project or of the change requested, land use is linked to the construction of a piste or to a lift of at least 5 ha, and Projects with one or more other such projects in a spatial Context. "

64. In Annex 1, Z 13 (column 3) lit. b becomes the expression "Category A" by the expression "Categories A or C" replaced.

65. Annex 1, Z 14 lit. d is:

" (d)		Changes in aerodroms, if this is expected to increase the number of flight movements (with engine airplanes, motor seaters in motor flight or helicopters) by at least 15,000 in a forecast period of 5 years. "

66. In Annex 1, Z 14 (column 1), the final rates shall be deleted after lit. d.

Annex 1 Z 14 (column 3) reads as follows:

" e)		Re-direction of slopes in protected areas of categories A, D or E with a basic length of at least 1 050 m;
f)		changes in aerodros by re-erection or extension of pistes in areas eligible for protection of categories A, D or E, if the overall length of the piste is extended by at least 12.5% by the new direction or extension;
g)		Changes in airports in protected areas of categories A, D or E, if this increases the number of flight movements (with motor aircraft, motor seaters in motor flight or helicopters) by at least 12.5% in a forecast period of 5 years is to be expected.

Of lit. b to g except for the construction of pistes for purposes of military air travel on the occasion of an operation of the Federal Army pursuant to § 2 para. 1 of the Military Act 2001 (WG 2001), BGBl. I n ° 146.

Of lit. c and f are excluded further projects which serve exclusively to increase flight safety. "

(68) In Annex 1 Z 15 (column 1):

" (a)		new construction of ports, coal or oil, which are accessible to ships with a carrying capacity of more than 1 350 tonnes;
b)		changes in ports by at least 25% by extension of the water area or in the deepening of the port;
c)		New construction of waterways that are accessible to ships with a load capacity of more than 1 350 tonnes. "

69. Annex 1 Z 15 (column 3) is:

" (d)		New construction of ports, coal or oil volumes in protected areas of categories A or C;
e)		changes in ports in protected areas of categories A or C by extension of the water area or deepening respectively by at least 12.5%;
f)		New construction of waterways in protected areas of categories A or C. "

70. In Annex 1, Z 17 lit. a and b shall be enclosed in each case in accordance with footnote 2 and the word order shall be "Sports stadiums or golf courses" inserted.

71. In Annex 1, Z 17 (column 3), it is referred to as lit. b the following final sentence is inserted:

" At lit. a and b is to be applied in accordance with Section 3a (5) with the proviso that the proposed change does not have to reach a capacity expansion of 25% of the threshold value. "

72. Annex 1 Z 18 (column 2) is:

" (a)		Industrial or industrial parks 3) with a land use of at least 50 ha;
b)		Urban development projects 3a) With a useful area of more than 100,000 m²; "

73. Annex 1 Z 18 (column 3) is:

" (c)		Industrial or industrial parks 3) in protected areas of categories A or D, with a land use of at least 25 ha. "

74. Annex 1 Z 19 (column 2) is:

" (a)		Shopping centers 4) with a land use of at least 10 ha or at least 1 000 parking spaces for motor vehicles; "

75. Annex 1 Z 19 (column 3) is:

" (b)		Shopping centers 4) in protected areas of categories A or D, with a land use of at least 5 ha or at least 500 parking spaces for motor vehicles.

At lit. a and b is to be applied in accordance with Section 3a (5) with the proviso that the proposed change does not have to reach a capacity expansion of 25% of the threshold value. "

76. In Annex 1, Z 21 lit. a and b will each be the word "Parking Garages" by the expression " Parking Garages 4a ) " and the phrase "more than" through the phrase "at least" replaced.

77. Annex 1 Z 24 (column 2) reads as follows:

" (a)		Permanent racing or test lines for motor vehicles of 2 km or more; "

78. Annex 1 Z 24 (column 3) is:

" (b)		Permanent racing or test lines for motor vehicles in protected areas of category A. "

79. Annex 1 Z 25 (column 1) reads as follows:

" (a)		Extraction of mineral raw materials in day-building (Lockergestein-wet or dry excavation, solid rock in a sliding block with a fall shaft, hose conveyor or a conveyor technology similar to its environmental impact) or peat extraction with (5) of at least 20 ha;
b)		Extensions to the extraction of mineral raw materials in the daytime building (Lockergestein-wet or dry excavation, solid rock in a sliding block with a fall shaft, hose conveyor or a similar conveying technology in its environmental impact) or at least 20 ha in the last 10 years and at least 20 ha in the case of the requested enlargement, and 5 ha for the additional area under the application of the additional land; '

80. Annex 1 Z 25 (column 3) is:

" (c)		Extraction of mineral raw materials in day-building (Lockergestein-wet or dry excavation, solid rock in a sliding block with a fall shaft, hose conveyor or a conveyor technology similar to its environmental impact) or peat extraction in Categories A or E and for wet dredging and peat extraction, category C, with a minimum of 10 ha;
d)		Extensions to the extraction of mineral raw materials in the daytime building (Lockergestein-wet or dry excavation, solid rock in a sliding block with a fall shaft, hose conveyor or a similar conveying technology in its environmental impact) or a peat extraction in protected areas of categories A or E and for dredging and peat extraction also category C, if the vials) of the quarries, whether existing or approved in the last 10 years, and of the extension requested, at least 10 ha and the additional surface-taking 5) at least 2.5 ha ,

Excluded from Z 25 are the activities covered by Z 37. "

81. Annex 1 Z 26 lit. c and d shall be the expression "Category A or in or near settlement area 6)" by the expression "Categories A or E" replaced.

82. In Annex 1, Z 37, the word "Minerals" through the phrase "Mineral raw materials" replaced.

83. Annex 1 Z 38 is deleted.

84. In Annex 1, Z 43 (column 2), after the expression: "Junghennen-" A dash and the expression "Mastelterntier-" inserted.

85. Annex 1 Z 43 (column 3) is:

" (b)		Installations for the holding or rearing of animals in protected areas of categories C or E of the following size:

40000 laying hens, maths, fattening or turkeys

42500 Mastgewingsquares

1400 Mastschweineplätze

450 Sauencourts

Concerning lit. a and b shall apply: in the case of mixed stocks, the percentages of the amount of space achieved shall be added together, from a sum of 100%, an EIA or carry out a case-by-case examination; stocks up to 5% of the number of places remain unaccounted for. "

86. In Annex 1, Z 61 lit. a becomes after the phrase "of more than" the expression "200 t/d or" inserted.

87. Annex 1 Z 63 (column 3) is:

" (b)		Installations for the tanning of animal skins or animal skins in protected areas of category E with a processing capacity of more than 10 000 t/a "

88. In Annex 1, Z 64 (column 3), the point shall be after lit. e is replaced by a stroke point and the following is lit. f is added:

" f)		Installations for the processing of ferrous metals (hot rolling, forging with hammers) in protected areas of category D with a production capacity of more than 250 000 t/a. "

89. Annex 1 Z 79 (column 2) reads as follows:

" (a)		Refineries for oil (other than those manufactured exclusively for lubricants);

Calculation basis for changes of the lit. a (§ 3a (3)) is the processing capacity of crude oil in tonnes; "

90. Annex 1 Z 79 (column 3) is:

" (b)		Re-installation of equipment in a refinery for oil (other than those manufactured exclusively for lubricants) in protected areas of category D. "

91. In Annex I Z 80 (column 2), the point at the end of the lit. c replaced by a stroke point. Annex 1 Z 80 (column 3) reads as follows:

" (d)		Installations for the storage of petroleum, petrochemical or chemical products in protected areas of category C, with a total storage capacity of more than 100 000 tonnes. "

92. In Annex 1, Z 82 (column 2), the point at the end is deleted and the expression shall be replaced by the following: "with a processing capacity of more than 10 t/d." .

93. In Annex 1, following footnote 1, the following footnote 1a to Z 12 is inserted:

" 1a A ski area comprises an area of individual or continuous technical ascent aids and associated prepared or marked ski slopes, in which an essentially continuous operation with winter sports equipment is possible and the basic equipment with the necessary infrastructure (such as Transport closure, utilities, accommodation, water supply and sewerage, etc.) .

The ski area is restricted either

(a) morphologically to valley spaces: in the case of valley rooms it is closed, by striking natural terrain lines and terrain (e.g. ridges, crests, etc.), demarcable landscape spaces, which are in themselves a topographical unit. If there is no clear demarcation by striking natural terrain lines and terrain, a ski area may also include several valley areas; or

(b) after the entry and/or Sub-catchment areas of river waters: This water catchment area shall be taken into account as far as the existing valley collector. "

94. In footnote 2 in Annex 1, the word shall be: "usable area" by the word "Footprint" replaced.

95. In footnote 3 in Annex 1, the word order shall be "Funnel and Operator" through the phrase "Funnel or operator" replaced.

(96) In Annex 1, following footnote 3, the following footnote 3a to Z 18 is inserted:

" 3a Urban development projects are residential or commercial buildings, including the associated infrastructure facilities, such as shopping centres, local supply facilities, kindergartens, schools, event areas, hotels and restaurants, parking spaces and the like. "

97. In footnote 4 in Annex 1, the word "usable area" by the word "Footprint" replaced.

The following footnote 4a to Z 21 shall be inserted after footnote 4 in Annex 1:

" 4a Publicly accessible parking spaces are those that are built exclusively for parking purposes (such as a car park, park-and-robe facility) or in connection with another project (such as customer parking spaces to a shopping centre, visitor parking spaces of a theme park, etc.), and are accessible without further restriction of access to the general public (including, for example, if a parking fee is to be paid or parking lots are rented to everyone in the long term). Parking spaces which, on the other hand, are only accessible to a user group that is restricted from the outset (e.g. for suppliers/suppliers or employees of the company-i.e. an access restriction must be provided for by the general public of the company). The use of this parking lot is therefore not publicly accessible parking spaces. "

99. footnotes 6, 11 and 21 in Annex 1 are deleted.

100. Footnote 15 in Annex 1 reads as follows:

" 15 Areas on which a grubbing-up permit has been granted at the time of application (Section 18 (1) (1) of the Forest Act) and areas for which replacement afforestation has been imposed pursuant to Section 18 (2) of the Forestry Act are not to be included. "

101. In Annex 2, the following new cell is added to the table:

E

Settlement Area

in or near settlement areas. As a close area of a settlement area, a radius of 300 m is valid for the project in which the land is defined or designated as follows: 1. building land in which residential buildings are to be built (except for commercial, industrial or industrial areas, individual buildings or individual buildings), 2. Territories for childcare facilities, children's playgrounds, schools or similar facilities, hospitals, spa facilities, senior citizens ' homes, cemeteries, churches and equivalent institutions of recognised religious communities, parks, Campsites and outdoor pools, garden and small garden-settlements.

Fischer

Bowl