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Network expansion acceleration law transmission network

Original Language Title: Netzausbaubeschleunigungsgesetz Übertragungsnetz

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Network expansion acceleration law transmission network (NABEG)

Unofficial table of contents

NABEG

Date of completion: 28.07.2011

Full quote:

" Network expansion law on the transmission network of 28 July 2011 (BGBl. I p. 1690), as defined by Article 4 of the Law of 20 December 2012 (BGBl. 2730). "

Status: Amended by Art. 4 G v. 20.12.2012 I 2730

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 5.8.2011 + + +) 

The G was decided by the Bundestag as Article 1 of the G v. 28.7.2011 I 1690. It's gem. Article 7 (1) of this Act entered into force on 5 August 2011. Unofficial table of contents

Content Summary

Section 1

General provisions

§ 1 Principle
§ 2 Scope, Regulation empowerment
§ 3 Definitions
Section 2

Federal Planning

§ 4 Purpose of the Federal Planning
§ 5 Contents of the Federal Planning
§ 6 Application for federal planning
§ 7 Definition of the investigative framework
§ 8 Documents
§ 9 Public authorities and public participation
§ 10 Discussion date
§ 11 Simplified procedure
§ 12 Completion of the federal planning
§ 13 Announcement and publication of the decision
§ 14 Countries ' objections
§ 15 Binding effect of federal planning
§ 16 Change locks
§ 17 Federal Network Plan
Section 3

Plan fix

§ 18 Requirement of plan determination
§ 19 Application for plan determination decision
§ 20 Application Conference, definition of the investigative framework
Section 21 Submission of the plan and documents
Section 22 Consultation procedure
Section 23 Environmental impact assessment
§ 24 Plan determination decision
Section 25 Insignificant changes
Section 26 Meetings of several projects
§ 27 Early ownership and expropriation procedures
§ 28 Implementation of a spatial planning procedure
Section 4

Common rules

§ 29 Project Manager
§ 30 Paid Official Acts
Section 5

Authorities and bodies

Section 31 Competent authority
Section 32 Federal Planning Advisory Board
Section 6

Sanction and final provisions

§ 33 Fines
Section 34 Periodic penalty payments
§ 35 Transitional provisions

Section 1
General provisions

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§ 1 Principle

The acceleration of the expansion of cross-border and cross-border high-voltage power lines within the meaning of § 12e paragraph 2 sentence 1 of the Energy Economic Law of 7 July 2005 (BGBl. 1970), which is defined by Article 1 of the Law of 26 July 2011 (BGBl. 1554), shall be made in accordance with the provisions of this Act. This law provides the basis for a legally secure, transparent, efficient and environmentally sound expansion of the transmission system and its development. The implementation of the power lines that fall within the scope of this law is required for reasons of outstanding public interest. Unofficial table of contents

§ 2 Scope of application, regulation empowerment

(1) This Act applies only to the establishment or modification of cross-border or cross-border high-voltage lines and connecting lines from the offshore wind farm substations to the network interconnections on land, which are located in a The Federal Government is authorized to act in accordance with the provisions of Section 12e (4) sentence 1 of the Energy Economic Law as such. (2) The Federal Government is authorized to act in accordance with the provisions of the German Federal Council for the Enforcement of the Law of the Federal Republic of Germany specify that the planning procedures referred to in Section 3 shall be determined by the (3) The provisions of this Act shall also apply to the construction of high-voltage power lines with a nominal voltage of at least 110 kilovolts as well as for railway power pipelines, provided that these lines are combined with a maximum voltage line in accordance with paragraph 1 can be carried out on a multiple linkage and the plans are requested in time for the inclusion without substantial procedural delay for the federal planning or planning of the plan (4) This Act shall not apply to projects which are (5) The law is not applicable to the line sections falling within the scope of application of the Regulation on installations seeward to the limitation of the territorial sea. Unofficial table of contents

§ 3 Definitions

(1) Trassenkorridore within the meaning of this Act are the territorial strips to be identified as a decision of the federal planning, within which the route of a power line runs and for which the space compatibility is to be determined or (2) Associations within the meaning of this Act are in accordance with Section 3 of the Environmental Law Enforcement Act of 7 December 2006 (BGBl. 2816), as last amended by Article 11a of the Law of 11 August 2010 (BGBl I). 1163), recognised environmental associations, which have been affected by their statutory responsibilities. (3) The holder of the project is the operator responsible under Article 12c (4), third sentence, of the German Energy Economic Act (Energiewirtschaftsgesetz). Transmission networks.

Section 2
Federal Planning

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§ 4 Purpose of the Federal Planning

For those in a law on the federal demand plan according to § 12e paragraph 4 sentence 1 of the Energy Economic Law as cross-country or cross-border or as connection lines from the offshore wind farm substations to the Network connection points on land marked high voltage lines are determined by the federal planning of Trassenkorridore. These are the basis for the subsequent plan determination procedures. Unofficial table of contents

§ 5 Content of the Federal Planning

(1) The Federal Network Agency shall determine, in the federal planning for the fulfilment of the purposes referred to in Article 1 (1) of the Energy Economic Law, route corridors of maximum voltage lines listed in the Federal Demand Plan. In the implementation of the federal planning for connecting lines from the offshore wind farm substations to the network linking points on land, the Bundesfachplan Offshore is in accordance with § 17a of the German Energy Act (Energiewirtschaftsgesetz), as amended. to be taken into consideration by the Federal Network Agency. The Federal Network Agency shall examine whether the realization of the project in a Trassenkorridor is contrary to public or private interests. It shall examine in particular the conformity with the requirements of spatial planning within the meaning of Section 3, paragraph 1, point 1 of the Spatial Planning Act of 22 December 2008 (BGBl. 2986), as last amended by Article 9 of the Law of 31 July 2009 (BGBl I). 2585), and the vote with other spatial planning and measures within the meaning of Section 3 (1) (6) of the Spatial Planning Act. The subject of the examination are also possible alternatives of route corridors which are seriously considered. (2) For the federal planning, the law on the environmental impact assessment in the version of the notice of the Federal Ministry of Justice 24 February 2010 (BGBl. 94), as last amended by Article 6 of the Law of 28 July 2011 (BGBl). The Federal Network Agency (Bundesnetzagentur) may carry out the federal planning in individual sections of the corridors of the Trassenkorridore. This shall also apply if the subcarrier has not submitted a corresponding request. Unofficial table of contents

§ 6 Application for federal planning

The Bundesfachplanung begins with the request of the subcarrier. After a project has been received by the Federal Network Agency, the Federal Network Agency may request, within a reasonable period of time to be determined, the subcarrier responsible under § § 11 and 12 of the German Energy Economic Law (Energiewirtschaftsgesetz) by a decision. to submit the necessary request. The authorities responsible for spatial planning in the countries in whose territory a corridor is located shall be notified of the deadline. The application may initially be restricted to individual appropriate sections of corridors of the Trassencorridor. The application shall contain information enabling the investigation framework to be determined in accordance with § 7 and shall therefore, in a generally comprehensible form, represent the proposed project. The application must contain
1.
a proposal for the intended course of the route corridor necessary for the extension, together with a presentation of the alternatives to be considered,
2.
explanations of the choice between the alternatives in question, taking into account the apparent environmental impact and the spatial conflicts to be dealt with, and,
3.
in so far as a simplified procedure is to be carried out in accordance with § 11 for the entire development measure or for individual sections of the route, the presentation of the conditions required for this purpose.
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Section 7 Definition of the examination framework

(1) The Bundesnetzagentur shall carry out an application conference without delay after the submission of the application. The aim of the application conference is to discuss the subject and scope of the federal planning to be carried out for the corridors of the Trassenkorridore. In particular, it is intended to discuss the extent to which compliance of the proposed corridors with the requirements of the spatial planning of the countries concerned can be or can be established and to what extent and level of detail information is given in the Environmental report according to § 14g of the Law on Environmental Impact Assessment. At the same time, the application conference is the meeting within the meaning of § 14f (4) sentence 2 of the Environmental Impact Assessment Act. (2) The subcarrier and the relevant bodies of public interests whose remit is affected, In particular, the state authorities responsible for regional planning, as well as the associations, are invited by the Federal Network Agency to the application conference, the associations and the institutions of public affairs are invited by sending the application according to § 6. Loading and sending of the application can be carried out electronically. The application conference shall be open to the public; information shall be provided to the public on the website of the Federal Network Agency and on local daily newspapers, which are common in the area on which the proposed Trassenkorridor is likely to be (3) Countries in whose territory a corridor is expected to proceed may make proposals within the meaning of Section 6, Sentence 6, point 1. The Federal Network Agency is not bound by the request of the subcarrier and the proposals of the Länder. (4) The Federal Network Agency shall, on the basis of the results of the application conference, submit an examination framework for the federal planning of the Federal Network for the purpose of accordance with the requirements of the German Federal Network for the Protection of the Environment. Discretion and determines the required content of the documents to be submitted in accordance with § 8. (5) The provisions shall be concluded within a period of two months from the date of submission of the application. (6) The legislation on secrecy and confidentiality Data protection shall remain unaffected. (7) An application conference may be maintained, if the conditions for a simplified procedure in accordance with Section 11 are met. Unofficial table of contents

§ 8 Documents

On the basis of the results of the application conference in a reasonable period to be determined by the Federal Network Agency, the Federal Network Agency shall provide the Federal Network Agency with those for the spatial planning assessment and the Strategic Environmental Assessment of the Trash-corridors required documents. § 14g (3) and (4) of the Law on Environmental Impact Assessment shall apply accordingly. Where documents contain operational or trade secrets, they shall be marked. The rules on the protection of personal data must be observed. The documents shall be accompanied by an explanation which, while respecting the aspects referred to in the fourth sentence, must be sufficiently detailed to enable third parties to assess whether and to what extent they will be affected by the spatial impact of the project. . The Federal Network Agency shall examine the completeness of the documents. Unofficial table of contents

Section 9 Public authorities and public participation

(1) By no later than two weeks after the submission of the complete documents, the Federal Network Agency shall participate in the other authorities in accordance with § 14h of the Law on Environmental Impact Assessment in accordance with the following paragraphs. (2) The Federal Network Agency shall request: the institution of public affairs shall deliver its opinion within a period to be set by it, which may not exceed three months. Opinions may be issued in writing or in electronic form. After the expiry of the period referred to in the first sentence, the comments received shall no longer be taken into account unless the matters raised are relevant to the legality of the federal planning. (3) No later than two weeks after receipt of the complete opinion. The Federal Network Agency carries out a public participation in accordance with § 14i of the Law on Environmental Impact Assessment (EIA), with the proviso that the information to be provided in accordance with Section 14i (2) of the Law on Environmental Impact Assessment (EIA) Documents for the duration of one month at the headquarters of the Federal Network Agency and in the External offices of the Federal Network Agency, which are nearest to the corridors of the Trassenkorridoren. If there are no external sites in a proximity which is reasonable for the persons concerned, the interpretation shall be carried out at further appropriate points. The interpretation shall be published on the website and in the Official Journal of the Federal Network Agency and the local daily newspapers, which are common in the area to which the project is likely to have an impact. The contract notice shall be made no later than one week before the start of the interpretation and shall contain information on the progress of the route corridors and the subcarrier, as well as information on where and when the documents are to be submitted to the planning stage. The documents are to be published simultaneously with the interpretation for the duration of one month on the Internet. (4) The documents are to be published simultaneously with the interpretation for a period of one month. Publication on the Internet shall be made known in accordance with the third sentence of paragraph 3 and 4. (5) The legislation on secrecy and data protection shall remain unaffected. (6) Any person, including associations, shall be able to take part within a On the month following the expiry of the period of publication, express in writing or in writing at a point of interpretation referred to in the first and second sentences of paragraph 3 on the intended route corridors. The third sentence of paragraph 2 shall apply accordingly. Legal claims shall not be justified by the involvement of the public; the prosecution of rights in the subsequent admission procedure shall remain unaffected. (7) A procedure under paragraphs 1 to 6 may not be required if the conditions for there is a simplified procedure in accordance with § 11. Unofficial table of contents

§ 10 Discussions Date

The Federal Network Agency shall discuss orally the objections raised in good time with the carrier and those who have made objections. A discussion date shall not take place if:
1.
Objections to the project have not been collected or have not been collected in good time, or
2.
the objections raised in good time have been withdrawn; or
3.
have been levied solely on the basis of private-law titles, or
4.
All users do not have a discussion date.
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Section 11 Simplified procedure

(1) Bundesfachplanung may be carried out in a simplified procedure, to the extent that a Strategic Environmental Assessment is not required under § 14d sentence 1 of the Act on Environmental Impact Assessment and the development measure
1.
in the route of an existing high-voltage or high-voltage line, and the stock management should be replaced or expanded; or
2.
shall be constructed immediately adjacent to the route of an existing high-voltage or high-voltage line, or
3.
within a corridor, which is designated in a spatial planning plan within the meaning of Section 3 (1) (7) of the Spatial Planning Act or the Federal Network Plan.
The simplified procedure can be limited to individual sections of the track. (2) In the simplified procedure, the Federal Network Agency shall establish, in consultation with the relevant regional authorities, whether the development measure is compatible with the room. (3) The The simplified procedure shall be completed within three months of the existence of the complete dossier at the Federal Network Agency. If the public authorities and public participation in accordance with § 9 have taken place, the period after the first sentence shall be four months. Unofficial table of contents

§ 12 Completion of the Federal Planning

(1) The Bundesfachplanung shall be completed within six months of the existence of the complete dossiers with the Federal Network Agency. (2) The decision of the Federal Network Agency shall contain the Bundesfachplanung (Federal Network Agency)
1.
the course of a space-compatible route corridor, which becomes part of the Federal Network Plan, as well as the country transition points at national borders; the Trassenkorridor and the country transition points shall be mapped in a suitable manner;
2.
an assessment and a summary statement of the environmental impact according to § § 14k and 14l of the Law on Environmental Impact Assessment of the Trassenkorridor (Trassenkorridor) to be included in the Federal Network Plan;
3.
the result of the examination of alternative corridors.
The decision shall be accompanied by a statement of reasons in which the room compatibility shall be presented in detail. The Federal Network Agency shall be entitled, after the conclusion of the Federal Planning Act, to request the subcarrier under the terms of § § 11 and 12 of the Energiewirtschaftsgesetz to be informed within a reasonable period of time to be determined by the Federal Network Agency. to submit a request for a plan of planning. The competent supreme authorities of the countries in whose territory a corridor is located shall be notified of the time limit. (3) By way of derogation from paragraph 2, no corridors shall be used for the implementation of a simplified procedure. , but only the existing routes within the meaning of Article 11 (1), first sentence, point 1 or 2, or the result of a regional planning plan or the federal planning within the meaning of Article 11 (1), first sentence, point 3. Unofficial table of contents

Section 13 Announcement and publication of the decision

(1) The decision in accordance with § 12 (2) and (3) shall be submitted to the parties in writing or electronically in accordance with § 9 (1). (2) The decision shall be interpreted at the points of interpretation pursuant to § 9 paragraph 3 six weeks for the purpose of inspection and shall be issued on the Website of the Federal Network Agency to be published. Article 9 (4) shall apply mutas to the publication. The Federal Network Agency shall publish in the Official Journal of the European Communities the interpretation and publication in accordance with the first sentence of 1 week at least one week in local daily newspapers, which are common in the area to which the development measure is likely to have an impact. Federal Network Agency and on its Internet site. (3) The legislation on confidentiality and data protection shall remain unaffected. Unofficial table of contents

Section 14 objections of the Länder

Any country affected by the decision pursuant to Section 12 (2) and (3) shall be entitled to collect objections within a period of one month after the decision has been made. The objections must be justified. The Bundesnetzagentur has to give its opinion within a period of one month after receipt of the objections. Unofficial table of contents

§ 15 Binding effect of federal planning

(1) The decision in accordance with § 12 is for the planning procedures according to § § 18 ff. mandatory. The validity of the decision in accordance with Section 12 (2) is limited to ten years. The deadline may be extended by the Bundesnetzagentur for another five years. The term extension is to be made if the legal and actual circumstances relevant to the assessment have not changed. (3) The decision pursuant to § 12 has no direct external effect and does not replace the decision on the admissibility of the expansion measure. It can only be reviewed in the context of the appeal procedure against the approval decision for the respective expansion measure. Section 43e (4) of the Energy Economic Law shall be applied accordingly. Unofficial table of contents

§ 16 Change locks

(1) The Federal Network Agency may, with the conclusion of the Federal Planning or subsequently for individual sections of the Trassenkorridore, enact amending locks to the extent that these lines require a priority requirement in the sense of the federal requirement noted. The change lock causes
1.
that no projects or installations are to be carried out which are contrary to the implementation of the relevant electricity management; and
2.
that no other significant or significant changes in the value of the land or in the construction of buildings may be carried out on the property.
The change barrier is limited to a period of five years. The Federal Network Agency may extend the period by a further five years if special circumstances so require. (2) The change barrier shall be lifted if the development measure provided for on the corridor of the Trassenkorridor is otherwise realized or finally is no longer realized. The amendment shall be repealed upon request, where the overriding interests of the persons concerned are contrary to the law. Unofficial table of contents

§ 17 Bundesnetzplan

The route corridors determined by the Federal Planning and the routes designated for connecting lines and cross-border power lines in the current Federal Plan Offshore pursuant to § 17a of the German Energy Act (Energiewirtschaftsgesetz), or Trassenkorridore will be included in the Federal Network Plan. The Federal Network Plan will be conducted at the Federal Network Agency. The Federal Network Plan is to be published by the Federal Network Agency once per calendar year in the Federal Gazette.

Section 3
Plan fix

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Section 18 requirement of a plan setting

(1) The establishment and operation as well as the modification of lines within the meaning of § 2 (1) shall require the planning of the plan by the competent authority. (2) At the request of the subcarrier the necessary for the operation of energy lines can Installations, in particular the substations and interlinking points, are integrated into the planning procedure and are approved by plan-setting. (3) In the planning of the plan, the public and private Consideration should be taken into account in the context of the weighing. Provided that this law does not contain any deviating rules, the provisions of Part 5 of the Energy Economic Law shall apply in accordance with the planning procedure and the procedures which follow it. Unofficial table of contents

Section 19 Request for a planning decision

The plan determination shall begin with the request of the subcarrier. The application may initially be restricted to individual appropriate sections of the route. The application shall also contain information enabling the investigation framework to be determined in accordance with § 20 and, therefore, shall, in a generally comprehensible form, present the proposed project. The application must contain
1.
a proposal for the intended route of the route and a presentation of possible alternatives; and
2.
explanations of the choice between the alternatives in question, taking into account the apparent environmental impact, and,
3.
in so far as the whole development measure or individual route sections are only insignificant changes in accordance with § 25, the presentation of the necessary conditions.
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§ 20 Application Conference, definition of the examination framework

(1) The Planning Authority shall, without delay after the submission of the application, carry out an application conference with the project holder and the institutions concerned with public interests and associations concerned. The application conference is intended to cover the subject, scope and methods of the documents in accordance with § 6 of the Law on Environmental Impact Assessment as well as other issues which are important for the planning of the project. (2) The project's subcarrier, associations , as well as the institutions of public affairs, they shall be invited to the Conference of Applications, the associations and institutions of public affairs, by sending the application. Loading and sending of the application can be carried out electronically. The application conference shall be public; information shall be provided to the public in the official publication sheet and through the website of the planning authority and in local newspapers disseminated in the territory to which the information is available. (3) On the basis of the results of the application conference, the planning authority determines an examination framework for the planning of the plan and determines the required content of the data to be submitted in accordance with § 21 Documents. The stipulations are to be completed within two months of the date of application. (4) The legislation on confidentiality and data protection shall remain unaffected. (5) An application conference may not be held if the conditions are fulfilled. of § 25. Unofficial table of contents

Section 21 Submission of the plan and documents

(1) On the basis of the results of the application conference referred to in Article 20 (3), the subcarrier shall submit the plan to the planning authority for the conduct of the consultation procedure. (2) The plan shall consist of the drawings and the following: Explanations of the project, its cause and the land and installations affected by the project. (3) The planning authority may request the submission of expert opinions or obtain expert opinions from the project holder. Insofar as documents contain operational or business secrets, they must be marked; the rules of data protection must be observed. (4) For the documents to be submitted in accordance with § 6 of the law on the environmental impact assessment, it is to be noted that: § § 5 and 14f (3) of the Law on Environmental Impact Assessment refers to the documents submitted in the Federal Planning Department. (5) The planning authority has the submitted documents within one month. check for their completeness after receipt. The completeness check includes the examination of the formal completeness as well as a plausibility check of the documents. If the documents are not complete, the planning authority shall immediately ask the subcarrier to supplement the documents within a reasonable time. Once the completeness check has been completed, the planning authority has to confirm the completeness of the documents in writing to the head of the project. Unofficial table of contents

Section 22 Hearing procedure

(1) Within two weeks of the submission of the complete documents in accordance with § 21, the planning authority shall send the documents in writing or electronically to the
1.
the institutions of public interest which are affected by the project requested; and
2.
the associations.
(2) The planning authority shall invite the institutions of public affairs, including the spatial planning authorities of the countries affected by the project, to deliver an opinion within a time limit to be set by it, which shall not exceed three months. shall be exceeded. The possibility of issuing opinions in accordance with the first sentence does not extend to the subject matter which relates to the federal planning and to which it has already been possible to express an opinion in the Federal Planning Office. Opinions may be delivered in writing or in electronic form. Opinions received after the expiry of the period referred to in the first sentence shall no longer be taken into account unless the concerns raised are relevant to the legality of the decision. (3) Within two weeks of the date of submission of the complete opinion, the following comments shall be taken into account. For the duration of one month for the purpose of public participation, the planning authority shall arrange for the design of the documents in accordance with Section 43a (1) of the Energy Economic Law to be submitted to the planning authority for a period of one month. The interpretation is to be found in the official publication sheet and through the website of the planning authority and the local daily newspapers, which are common in the area to which the project is likely to have an impact. The notice shall be published one week before the start of the interpretation and shall contain information on the progress of the route corridors and the subcarrier in the planning stage, information on where and when the documents are available for inspection. (4) The plan is to be published at the same time as the interpretation for the duration of one month on the Internet. The publication shall be published in accordance with the second and third sentences of paragraph 3. (5) The legislation on secrecy and data protection shall remain unaffected. (6) Any person whose interests are affected by the project may within two weeks after the expiry of the period laid down in the first sentence of paragraph 3 in writing to the planning authority or to the minutes at a point of interpretation, collect objections against the plan. The first sentence shall apply to associations. (7) The planning authority shall carry out a discussion date. In this regard, the provisions of Section 73 (6), sentences 1 to 5 of the Administrative Procedure Act, apply accordingly. (8) Hearing procedures and discussion date may not be fulfilled if the conditions of § 25 are fulfilled. Unofficial table of contents

§ 23 Environmental Impact Assessment

The environmental impact assessment according to the provisions of the Environmental Impact Assessment Act may, on the basis of the Strategic Environmental Assessment already carried out in the Federal Department of the Environment, be subject to additional or other significant environmental impact assessments. Environmental impact of the power line requested. Unofficial table of contents

Section 24 Planning order decision

(1) The planning authority shall determine the plan (planning decision). (2) The plan determination decision shall be delivered to the subcarrier, to the persons concerned, and to those who have been decided on their objections. Article 74 (5) of the Administrative Procedure Act applies. (3) A copy of the decision must be interpreted with a right of appeal at the head office of the planning authority and at the design sites for two weeks to be viewed. The place and time of interpretation are known in the local daily newspapers, which are likely to have an impact on the project, in the official publication sheet and on the website of the planning authority. to make it. The planning determination decision must be published simultaneously with the interpretation on the Internet. Article 22 (3) shall apply mutas to the publication. (4) The legislation on confidentiality and data protection shall remain unaffected. Unofficial table of contents

Section 25 Unessential amendments

Non-essential changes or extensions can be permitted by a display procedure without planning permission procedures. A change or extension is insignificant only if:
1.
it is not a change or an extension for which an environmental impact assessment must be carried out in accordance with the law on the assessment of the effects of the environmental impact, and
2.
other public concerns are not affected or where the necessary administrative decisions are in place and do not conflict with the plan; and
3.
The rights of others will not be affected, or the relevant agreements will be concluded with those affected by the plan.
The subcarrier shall indicate to the planning authority the measure which it intends to take. The ad shall be accompanied in sufficient manner by explanations indicating that the proposed change is insignificant. In particular, it requires a presentation of the expected environmental impact. The planning authority shall decide within one month whether a plan-approval or plan-setting procedure is to be carried out instead of the notification or the measure is exempted from a formal procedure. The decision shall be made known to the subcarrier. Unofficial table of contents

Section 26 Meeting of several projects

In planning procedures for maximum voltage lines included in the Federal Network Plan, a uniform decision can be made for the establishment, operation and modification of high-voltage overhead lines with a nominal voltage of 110 kilovolts or more, not listed in the Federal Network Plan, and by railway transmission lines, provided that these lines are routed on a multiple linkage with a line in accordance with § 2 (2). Section 78 of the Administrative Procedure Act shall remain unaffected. The planning procedures are in accordance with the provisions of this Act. If this is followed by a different authority than the Federal Network Agency, the latter applies the requirements of the third section. Unofficial table of contents

Section 27 Early possessions and expropriation procedures

(1) The subcarrier may require that an early possession instruction be carried out after the conclusion of the hearing procedure in accordance with § 22. Section 44b of the German Energy Act (Energiewirtschaftsgesetz) shall apply with the proviso that the plan determination decision to be expected in accordance with the procedure is to be based on the early possession-in-the-transfer procedure. The decision on the transfer of property is to be adopted with the postponing condition that its result is confirmed by the decision on the planning of the decision. Otherwise, the early ownership procedure should be supplemented on the basis of the planning decision. (2) The stock holder may require that, after the conclusion of the consultation procedure, an early warning should be given to the Expropriation proceedings are carried out. § 45 of the German Energy Act (Energiewirtschaftsgesetz) shall apply with the proviso that the decision to determine the plan to be expected in accordance with the procedure shall be taken as the basis for the expropriation procedure. The decision on expropriation shall be issued with the suspensive condition that its outcome will be confirmed by the decision to determine the plan. Otherwise, the expropriation procedure should be supplemented on the basis of the decision of the planning decision. Unofficial table of contents

Section 28 Implementation of a spatial planning procedure

By way of derogation from Section 15 (1) of the Spatial Planning Act, in conjunction with Section 1, second sentence, point 14 of the Ordinance on Spatial Planning of 13 December 1990 (BGBl. 2766), as last amended by Article 21 of the Law of 31 July 2009 (BGBl I). 2585), does not take place a spatial planning procedure for the establishment or modification of maximum voltage lines, for which the Trassenkorridore or the Trassenkorridore network are designated. This shall not apply after the expiry of the period of validity in accordance with Article 15 (2).

Section 4
Common rules

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§ 29 Project Manager

The competent authority may provide a third party with the preparation and implementation of procedural steps such as:
1.
the drawing up of procedural guidelines, with the provision of procedural stages and interim dates,
2.
the control of the fries,
3.
the coordination of the necessary expert opinions,
4.
the draft hearings report,
5.
the first evaluation of the opinions submitted,
6.
the organizational preparation of a discussion date and
7.
the management of the debate
on a proposal or with the consent of the subcarrier and on the costs of such a proposal. The decision of the Bundesfachplanung pursuant to § 12 (2) and the planning determination request pursuant to § 24 (1) shall be the sole responsibility of the competent authority. Unofficial table of contents

Section 30 Cost-effective acts

(1) The Federal Network Agency shall charge fees and expenses for the following acts in accordance with this Act:
1.
Determination of space compatibility in the simplified procedure in accordance with Article 11 (2),
2.
Decisions pursuant to § 12 (2) sentence 1,
3.
Plan findings in accordance with § 24 (1) and
4.
Decisions pursuant to § 25 sentence 6.
Where an application for an official act referred to in paragraph 1 is withdrawn after the commencement of the factual processing, that part of the fee for the entire official act which corresponds to the progress of the processing shall be subject to the request. For a request which is rejected for reasons other than the incompetence of the Authority, the full fee shall be charged. The fee may be discounted or may be discounted from the survey if this corresponds to equity. (2) The amount of the fee will depend on the length of the route to be planned. In the implementation of the federal planning, the geographical distance of the places to be connected by a route (air line) is decisive. The fee for official acts referred to in paragraph 1 (2) shall be EUR 30 000 per kilometre of interest. For the implementation of the plan determination, the fee depends on the average length of the corridor defined in the framework of the federal planning. For official acts as referred to in paragraph 1, point 3, the fee shall be EUR 50 000 per kilometre of interest. In the case of decisions referred to in points 1 and 4 of paragraph 1, the fee shall be EUR 10 000 per kilometre per kilometre. (3) The fees for acts referred to in points 2 and 3 of paragraph 1 shall be levied in a number of partial amounts. A third of the fee for the official act referred to in paragraph 1 (2) shall be paid within one month from the date of application, a second third within one year from the date of application and the last third by the end of the procedure. One fifth of the fee for the official act referred to in point 3 of paragraph 1 shall be one fifth within one month from the date of application, the second, third and fourth fifths shall be completed six months later, but at the latest by the fifth fifth at the end of the date of application. of the procedure. (4) The fees charged for official acts are governed by the administrative costs laws of the Länder.

Section 5
Authorities and bodies

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Section 31 Competent authority

(1) The tasks under this Act shall be carried out by the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways (Bundesnetzagentur) and, in accordance with paragraph 2, by the competent national authorities. (2) The competent authorities of the Federal Network for Electricity, Gas, Telecommunications, Post and Railway (Bundesnetzagentur) Authorities are responsible for the implementation of the planning procedure under the provisions of Section 3 for all projects within the scope of this Act, which are not transferred to the Federal Network Agency by the legal regulation pursuant to § 2 (2) (3) The Federal Network Agency shall be obliged to provide the Federal Ministry of the Interior for the economy and technology as well as the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, to report regularly in a non-personal form on the state of the art of federal planning and the planning of the plan. Unofficial table of contents

Section 32 Federal Planning Advisory Council

(1) The Federal Network Agency shall form a permanent federal planning advisory board. The Advisory Board consists of representatives of the Federal Network Agency, representatives of the federal states and representatives of the Federal Government. (2) The Federal Council Advisory Council has the task of asking the Federal Network Agency in questions of principle on federal planning and the preparation of the Federal Network Plan as well as the principles of plan determination. It is entitled to obtain general information and opinions from the Federal Network Agency. The Federal Network Agency and the competent national authorities shall be obliged to provide information to each other in the non-personal form. (3) The Advisory Council shall meet regularly. Meetings shall be convened if the Federal Network Agency or at least two countries require the convocation in writing. The regular meetings shall not be public. (4) The Advisory Council shall adopt its rules of procedure.

Section 6
Sanction and final provisions

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Section 33 Rules on fines

(1) Administrative offences are those who are intentional or reckless
1.
Contrary to § 8 sentence 1, a document is not correctly presented,
2.
establish, operate or amend a management system in accordance with Article 18 (1), without any identified plan,
3.
Contrary to Article 21 (1), a plan referred to there is not properly received; or
4.
shall make an insignificant change or extension without authorisation in accordance with Article 25, sentence 6.
(2) The administrative offence can be punishable by a fine of up to one hundred thousand euros. (3) Administrative authorities within the meaning of Section 36 (1) (1) of the Code of Administrative Offences shall be the Federal Network Agency and the competent authorities. Planning authorities of the Länder. Unofficial table of contents

§ 34 Forced Money

The Federal Network Agency may enforce its orders, in particular the deadlines for application in accordance with § 6 sentence 2 and § 12 (2) sentence 2, in accordance with the rules applicable to the enforcement of administrative measures. The amount of the penalty shall be at least EUR 1 000 and a maximum of EUR 250 000. Unofficial table of contents

Section 35 Transitional provisions

Existing authorisations and planning decisions as well as ongoing planning procedures remain unaffected.