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Maritime Plant Law

Original Language Title: Seeanlagengesetz

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Seeanlagengesetz (SeeAnlG)

Unofficial table of contents

SeeAnlG

Date of completion: 13.10.2016

Full quote:

" The Law of the Sea of 13. October 2016 (BGBl. I p. 2258, 2348) "

Footnote

(+ + + Text evidence from: 1.1.2017 + + +) 
(+ + + For application cf. § 18 + + +)

The G was decided as Article 20 of the G v. 13.10.2016 I 2258 of the Bundestag. It's gem. Article 25 (1) sentence 1 of this G entered into force on 1 January 2017. Unofficial table of contents

§ 1 Scope

(1) This Act shall apply to the establishment, operation and modification of installations
1.
in the area of the exclusive economic zone of the Federal Republic of Germany and
2.
on the high seas, provided that the head office of the subcarrier is within the scope of the Basic Law.
(2) installations within the meaning of this Act are all fixed or not only for a short-term purpose floating structural or technical facilities, including structures and artificial islands, as well as those for the establishment and the operation of the necessary subsidiary facilities, which
1.
the production of energy from water and flow,
2.
the transmission of energy from water and flow,
3.
other economic purposes, or
4.
Sea-level investigations serve.
No installations within the meaning of this Act are ships and floatable platforms and ships redesigned to platforms, even if they are fixed with the aim of re-commissioning and do not fall under the first sentence, ships ' signs, installations, which are authorised under the law of the law, installations in need of supervision in the sense of product safety regulations and passive fishing gear of the fishery. Unofficial table of contents

§ 2 Plan determination

(1) The establishment and operation of installations within the meaning of Article 1 (2), first sentence, points 1 and 2, as well as the substantial modification of such installations or their operations, require the planning of the plan. (2) The competent consultation and planning authority shall be the Federal Maritime and Hydrographic Agency; this is also a planning approval and approval authority. (3) § § 72 to 78 of the Administrative Procedure Act are to be applied for the planning procedure, unless this law is otherwise provided for by the law. determined. § 36 (2) and (3) of the Administrative Procedure Act shall apply. (4) Plants may only be planned, plan-approved or approved if they are to be used in the area development plan according to § 5 of the Wind Energy-auf-See-Law Areas and areas for electricity generation from wind energy at sea as well as the transmission of electricity do not significantly impede the transmission of electricity. This may be dismissed if, for imperative reasons of public interest, the approval of these installations is required. Unofficial table of contents

§ 3 Order of processing

Applications shall be processed in the order in which they are received. The receipt of the complete application shall be decisive. If a previously contested project excludes a later project, the Federal Maritime and Hydrographic Office may issue the procedure in respect of the later requested project until a decision on the earlier request for retirement is made. If the previously requested application is approved, it will reject the later application. Unofficial table of contents

§ 4 Planning procedures

(1) The plan shall include in addition to the drawings and explanations pursuant to Section 73 (1) sentence 2 of the Administrative Procedure Act
1.
a presentation of the safety and precautionary measures;
2.
a plan of time and action as the basis for a decision pursuant to Article 5 (3);
3.
at the request of the planning authority, the opinion of one or a recognised expert on whether the plant and its operation correspond to the state of the art and to the safety requirements,
4.
in the case of projects pursuant to § 1 (2), first sentence, point 1, the documents in accordance with § 6 of the Law on Environmental Impact Assessment.
If the particulars and documents for the examination are not sufficient, they shall be supplemented by the institution of the project, at the request of the planning authority, within a reasonable time limit set by that authority. If the institution of the project fails to do so, the planning authority may reject the application. (2) § 73 (2), (3) sentence 1, (4) sentence 1 and (5) sentence 1, as well as § 74 (4) sentence 2 of the Administrative Procedure Law, shall be subject to the following conditions: shall apply to the authority of the municipality of the planning authority. The documents are to be interpreted on the website of the Planning Authority, in the news for seafarers (Official publication of the Federal Maritime and Hydrographic Agency) and by publication in two national and regional authorities. (3) In order to allow a rapid implementation of the planning procedure, the planning authority may provide the institution of the project with appropriate time limits after consultation. If the time limits are not met, the planning authority may reject the application. Unofficial table of contents

§ 5 Planning order decision, planning approval

(1) § 74 (6) and (7) of the Administrative Procedure Act shall apply only if no environmental impact assessment is carried out in addition to the conditions specified therein for the project under the Environmental Impact Assessment Act (EIA) (2) The planning authority may determine the plan in part-sections. It may allow individual measures to be taken or put into service subject to the reservation of a release to be issued if proof of compliance with the conditions has been provided. At the request of the planning authority, proof shall be provided by the submission of an expert opinion from a recognised expert. (3) The planning authority may, in the decision to establish a plan, ensure a speedy establishment and The plan shall be put into operation, taking into account the plan of time and action plan submitted by the institution of the project, and shall provide for the fulfilment of the deadlines for the implementation of such measures until such time as the measures have to be complied with. (4) The plan shall only be be determined if:
1.
the marine environment is not endangered, in particular:
a)
pollution of the marine environment within the meaning of Article 1 (1) (4) of the United Nations Convention on the Law of the Sea of 10 December 1982 (BGBl). 1994 II p. 1798, 1799), and
b)
the bird's train is not endangered and
2.
the safety and ease of transport is not affected,
3.
the security of country and alliance defence is not compromised,
4.
it is compatible with priority activities in the field of beregret,
5.
it is compatible with existing and planned cable, offshore connection, pipe and other lines,
6.
it is compatible with existing and planned sites of converter platforms or substations, and
7.
other requirements under this Act and other public-law provisions are complied with.
(5) The planning authority may repeal the plan-determination decision in whole or in part if:
1.
Installations which are the subject of the plan determination decision have not been operated for a period of more than three years, or
2.
Periods referred to in paragraph 3 shall not be complied with.
The effective abolition of the planning approval decision is on the website of the planning authority, in the news for seafarers (official publication of the Federal Maritime and Hydrographic Agency) and by publication in to make two national daily newspapers known. Section 75 (4) of the Administrative Procedure Act shall not apply. (6) A plan approval may be granted in place of a plan determination decision if:
1.
a plan has previously been identified on the area in question, which has become ineffective in accordance with paragraph 5; or
2.
the conditions laid down in the first sentence of Article 74 (6) of the Administrative Procedure Act.
(7) § 15 paragraph 2 sentence 3 of the Federal Nature Protection Act is to be applied with the proviso that an impairment is replaced if and as soon as the impaired functions of the natural household in the affected natural area or, if this is not possible is produced in an equivalent way in an adjacent natural area and the landscape is redesigned in a landscape-friendly way. Unofficial table of contents

§ 6 Approval

(1) The establishment, operation or substantial alteration of installations within the meaning of § 1 (2) sentence 1, point 3 or 4 requires the approval by the Federal Maritime and Hydrographic Office. (2) In the decision on the application to Approval must be taken into account in the objectives of spatial planning, as well as the principles of regional planning and the objectives of spatial planning which are to be established. (3) The authorisation shall require a written application. The application shall be accompanied by a presentation of the plant and its operation, including the safety and precautionary measures with drawings, explanations and plans and, at the request of the approval authority, an opinion of a recognised expert that: the plant and its operations comply with the state of the art and the safety requirements. (4) The permit may be fixed on a temporary basis and subject to conditions and conditions. The subsequent recording, modification or addition of conditions is permissible. (5) The permit requirement does not apply to the establishment, operation or modification of non-space-significant installations, the federal or state authorities within the framework of of their legal tasks, and of which there are no dangers to
1.
the marine environment,
2.
the safety and lightness of transport,
3.
the security of the country and alliance defence,
4.
other public concerns and
5.
the private interests
, and for which there is no obligation to carry out an environmental impact assessment under the Environmental Impact Assessment Act. Such installations shall be notified to the Federal Maritime and Hydrographic Agency before the start of its construction. The display shall indicate the type, purpose and location of the asset. Unofficial table of contents

Section 7 Failure of authorisation

Authorisation may not be granted only if:
1.
the marine environment is at risk in the meaning of Article 5 (4) (1), or the safety and ease of transport is affected; or
2.
the requirements of regional planning in accordance with § 6 (2) or the security of the country's and alliance defence or other overriding public or private interests preclude authorisation.
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§ 8 Rules of entry

The determination of the plan, the planning permission or the approval require the agreement of the Directorate-General for Waterways and Shipping. The agreement may only be denied if the safety and lightness of the traffic are impaired, which cannot be prevented or compensated for by conditions or conditions. Unofficial table of contents

§ 9 Change lock

(1) The Bundesamt für Seeschifffahrt und Hydrographie (Bundesamt für Seeschifffahrt und Hydrographie) may establish sea areas in the exclusive economic zone of the Federal Republic of Germany in which certain plants are temporarily not planned, plan approved or approved (Change lock). In accordance with Section 17a of the German Federal Energy Law and the Surface Development Plan, these sea areas must be designed for the construction of electricity transport infrastructures in accordance with § 17a of the German Federal Ministry for Economic Cooperation and Development (Bundesfachplans Offshore) and the land development plan according to § 5 of the Act To promote wind energy at sea. The Federal Office of Maritime and Hydrographic Hydrography shall determine the duration of the change-over lock. It shall apply at the latest to securing the Bundesfachplan Offshore pursuant to § 17a of the German Energy Act and the land development plan in accordance with § 5 of the Law on the Development and Promotion of Wind Energy at Sea by the Regional Planning Act. The change barrier is on the website of the Federal Maritime and Hydrographic Agency, in the news for seafarers (Official publication of the Federal Maritime and Hydrographic Agency) and in two national and regional authorities. to make known daily newspapers. Unofficial table of contents

Section 10 Security zones

(1) The Federal Maritime and Hydrographic Agency may set up safety zones around the installations in the exclusive economic zone, in so far as this is necessary to ensure the safety of navigation or of the installations. In so far as the establishment of the safety zones is necessary to ensure the safety of navigation, the Directorate-General for Waterways and Shipping needs to be taken up. (2) Safety zones are water areas which are in a Distance of up to 500 meters, measured from each point of the outer edge, to extend the installations. The width of a security zone may exceed 500 metres if generally accepted international standards permit or the competent international organisation recommends this. Unofficial table of contents

Section 11 Announcement of installations and their safety zones

The Bundesamt für Seeschifffahrt und Hydrographie (Bundesamt für Seeschifffahrt und Hydrographie) makes the facilities and the safety zones in the news for seafarers established by him in accordance with § 10 (Official publication for the maritime navigation of the Federal Maritime Office and the Federal Maritime Safety Agency). Hydrography) is known and contributes to the official sea charts. Unofficial table of contents

§ 12 Duties of the responsible persons

The persons responsible for the purpose of § 13 shall ensure that the installation is carried out during the construction, the operation and after an operation
1.
no risks to the marine environment and
2.
no impairments
a)
the safety and ease of transport,
b)
the security of the country and alliance defence
c)
of other overriding public concerns, or
d)
private rights
. Deviating states must be reported immediately by the responsible persons to the Federal Maritime and Hydrographic Office. Unofficial table of contents

§ 13 Responsible persons

(1) The persons responsible for the performance of the duties arising from this Act or from administrative acts relating to the establishment, operation and operation of installations shall be
1.
the address of the planning decision, the planning permission or the permit, the legal persons and the partnerships of persons who are the persons appointed to represent the persons in accordance with the law, the statutes or the social contract,
2.
the operator of the installation, in the case of legal persons and commercial partnerships, the persons appointed to represent persons under the law, the statutes or the social contract, and
3.
persons appointed for the management or supervision of the holding or of an operating part within the limits of their duties and powers.
(2) Persons responsible for the purposes of paragraph 1 (3) may only be employed persons who possess the reliability, expertise and physical fitness required for the performance of their duties and powers. (3) Responsible persons Persons within the meaning of paragraph 1 (3) shall be ordered in a number required for the planning and safe management of the holding. The tasks and powers of the responsible persons must be clearly and completely fixed and coordinated in such a way that an orderly cooperation is ensured. (4) The appointment and the convening of responsible persons shall be declared in writing or in electronic form. The tasks and powers shall be described in detail in the order; the powers shall be in accordance with the tasks. The responsible persons must be made known to the Federal Maritime and Hydrographic Office immediately after the order, stating their position in the establishment and their preliminary formation. The change of position in the holding and the departure of responsible persons shall be notified without delay to the Federal Maritime and Hydrographic Office. (5) The addressee of a plan determination decision, a plan approval or a Approval shall be notified without delay to the Federal Maritime and Hydrographic Office if the planning approval decision, the plan approval or the approval is transferred to another. The same shall apply to the operator if the operation of the installation is transferred to another person. Unofficial table of contents

Section 14 Monitoring of installations

(1) The installations, their erection and their operation are subject to supervision by the Federal Maritime and Hydrographic Agency. The Directorate-General for Waterways and Shipping will be involved in the safety and lightness of transport. (2) The Federal Maritime and Hydrographic Agency may, on a case-by-case basis, take the necessary measures to ensure the implementation of this law. Make arrangements. It may, in particular, enact bids or bans on the persons responsible for the enforcement of the obligations referred to in § 12. (3) A plant, its establishment or operation shall lead to a risk to the marine environment or to a hazard to the marine environment or to a risk to the marine environment. The Bundesamt für Seeschifffahrt und Hydrographie (Bundesamt für Seeschifffahrt und Hydrographie) is able to improve the safety and ease of traffic or to compromise the security of the country and alliance or other overriding public interests. Establishment or operation, in whole or in part, up to the manufacture of the proper If the impairment or danger is not averted in any other way, or if the setting of the establishment or the establishment is essential to clarify the causes of the impairment or the danger. If the impairment or danger cannot be averted in any other way, the Federal Maritime and Hydrographic Office may revoke a previously issued planning approval decision, plan approval or approval and the (4) If an installation is constructed, operated or substantially altered without the required planning approval, planning approval or approval, the Federal Maritime and Hydrographic Agency may continue the Provisionally or definitively prohibit activity. It may order that an installation which is constructed, operated or substantially modified without the required planning approval, planning approval or approval is to be removed. It must order the removal if the marine environment, the safety and lightness of the traffic, the security of the country and alliance defence or other overriding public concerns or private rights are not in any other way (5) The Bundesamt für Seeschifffahrt und Hydrographie (Federal Maritime and Hydrographic Agency) may prohibit the further establishment or further operation of an installation by the operator or a representative with the management of the holding, if facts , the unreliability of these persons in respect of compliance with Legislation to protect the marine environment, the safety and ease of transport, the security of country and alliance defence, or other overriding public concerns. The operator of the installation must, upon request, be given permission to have the installation operated by a person who provides the guarantee for the proper operation of the installation. (6) The provisions concerning the withdrawal or revocation of an administrative act remain unaffected. Unofficial table of contents

Section 15 Elimination of installations, security

(1) If the planning approval decision, the planning approval or the approval becomes ineffective, the installations shall be eliminated to the extent required by the concerns referred to in § 5 (4) or § 6 (5). (2) The generally accepted international standards for disposal must be taken into account as a minimum standard. (3) The Federal Maritime and Hydrographic Office may, in the planning approval decision, in the planning approval or in the approval, the performance of a suitable Order the security in accordance with the Appendix to this Act in order to comply with the provisions of the (4) In so far as the Federal Maritime and Hydrographic Agency has ordered a security pursuant to paragraph 3, it shall remain in the event of a transfer of the planning approval decision, the planning approval or the approval. The Federal Office for Maritime Navigation and Hydrography (Bundesamt für Seeschifffahrt und Hydrographie) has established a safety and security system for the former subcarrier for such a long period of time for the removal of the other stock of the former. Unofficial table of contents

Section 16 Administrative enforcement

The provisions of the second section of the Administrative Enforcement Act shall apply to the enforcement of the provisions of the planning approval decision or in the planning permission pursuant to § 5, subject to the condition that a penalty payment shall be applied. can be ordered up to EUR 500 000. Unofficial table of contents

Section 17 Penal rules

(1) Contrary to the law, those who intentionally or negligently act
1.
shall establish, operate, operate or amend an installation without a planning approval decision or without planning permission in accordance with § 2 or without authorisation in accordance with § 6 of this Directive, or
2.
an enforceable arrangement according to the first sentence of Article 14 (3) or the second sentence of paragraph 4 of this Article.
(2) The administrative offence can be punished with a fine of up to fifty thousand euros. (3) The Federal Office of Maritime and Hydrography (Bundesamt für Seeschifffahrt und Hydrographie) is the administrative authority in the sense of Section 36 (1) (1) of the Law on Administrative Offences. Unofficial table of contents

Section 18 Transitional provisions

(1) On installations within the meaning of § 1 (2), which are based on the provisions of the Maritime Ordinance of 23 January 1997 (BGBl. 57), most recently by Article 55 of the Regulation of 2 June 2016 (BGBl. 2). (2) For installations within the meaning of Article 1 (2) of the Treaty,
1.
for which on 1 January 2017 a request for plan determination or approval pursuant to the Maritime Ordinance of 23 January 1997 (BGBl. 57), most recently by Article 55 of the Regulation of 2 June 2016 (BGBl. 1257), but has not yet been passed on, the administrative procedure shall be continued in accordance with the provisions of this Act;
2.
on 1 January 2017, in accordance with the provisions of the Maritime Labour Regulation of 23 January 1997 (BGBl. 57), most recently by Article 55 of the Regulation of 2 June 2016 (BGBl. 1257), where a final decision has been taken or approved but not yet established, the decision of the plan determination or the approval as a plan determination decision or approval under this Act shall apply.
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Annex (to § 15 (3))
Requirements for security services

(Fundstelle: BGBl. I 2016,2353)
1.
The Federal Maritime and Hydrographic Office decides on the type, scope and level of security. The holder of the planning approval decision, the planning permission or the approval or the operator of the plant shall make the decision before the installation of the installation, which is in the planning approval decision or in the planning permit or in the approval controlled safety and has this in relation to the Federal Maritime and Hydrographic Office.
2.
The type of security shall be chosen in such a way as to ensure that the security is always guaranteed. This applies in particular to the case of the transition of the planning decision, planning approval or approval to another holder and, to the extent that the holder of the plan determination decision, the planning approval or the approval or the operator of the installation is a legal person, in the event of any changes to that legal person.
3.
The Bundesamt für Seeschifffahrt und Hydrographie (Bundesamt für Seeschifffahrt und Hydrographie) can give advice to third parties on the nature and extent of the security and on their inspection. The licence holder shall bear the costs for this purpose.
4.
In place of the security benefits provided for in § 232 of the Civil Code, the provision of a group guarantee, a guarantee or other promise of payment of a credit institution as equivalent security may be used in particular. requires or is authorised. In so far as they are insolvency-proof and are fully available for the purpose of securing the security when the security is entered into, company provisions may be permitted.
5.
The extent and level of the security shall be such as to ensure that sufficient funds are available for the decommissioning of the plant in accordance with the plan setting decision, the planning approval or the permit.
6.
The financial security shall be reviewed at least every four years by the Federal Maritime and Hydrographic Agency with the aim of maintaining the real value of safety; it shall be adjusted if the relationship between security and safety is to be adjusted. the intended purpose of protection has been substantially changed. Reserves formed during the operating phase shall be credited at the level of the necessary security to the extent that they are in the amount of the right of disposal of the holder of the holder of the holder of the holder of the Plan determination decision, plan approval, or approval or operator of the plant are withdrawn. If the verification according to sentence 1 shows that the security is to be increased, the Federal Maritime and Hydrographic Office may set a deadline of six months at the latest for the contractor for the position of increased safety. If the verification according to sentence 1 shows that the security is to be reduced, the Federal Maritime and Hydrographic Office shall immediately release the security which is no longer necessary.