Energy Infrastructure Act and amendment of the Environment Sustainability Testing Act 2000.
Country
Type of law
Legislation
Abstract
The present Act enforces the EU Regulation No. 347/2013 on Guidelines for European Infrastructure. In particular, the afore-mentioned Regulation establishes guidelines to facilitate and accelerate the development and modernisation of a trans-European energy infrastructure. To this end, the Regulation also defines 'projects of common interest' (PCI) and provides a list of PCI projects that will benefit from accelerated approval procedures. The list features several Austrian projects in the energy transmission and energy storage sectors.
The present Act contains relevant rules of procedure. For example, it introduces a mandatory pre-application procedure, during which project promoters must submit all necessary documents in close cooperation with the relevant authority. Further, a public hearing must be held during the pre-application procedure.
Article 12 creates a new Infrastructure Authority, which will be responsible for coordinating approval procedures. The Infrastructure Authority will fall under the aegis of the Federal Ministry of Economics and act as a single point of contact for project promoters. Further, the Act delegates the Infrastructure Authority's tasks to existing environmental assessment authorities (provincial governments) in order to take advantage of their established expertise. The infrastructure authority will act only if the project area spans two or more federal provinces. Even in this case, the Authority will have coordinating functions only, whereas the competence for the proceedings remains with the provincial governments. The infrastructure authority shall be authorised to: a) issue Regulations prohibiting the construction of other facilities within the project area for a five-year period without the authority's consent; and b) permit construction under certain conditions. Further details regarding these requirements will be left to the Authority. The text consists of 18 articles divided into 3 Parts as follows: General provisions (I); Procedures (II); Transitional and final provisions (III).
The present Act contains relevant rules of procedure. For example, it introduces a mandatory pre-application procedure, during which project promoters must submit all necessary documents in close cooperation with the relevant authority. Further, a public hearing must be held during the pre-application procedure.
Article 12 creates a new Infrastructure Authority, which will be responsible for coordinating approval procedures. The Infrastructure Authority will fall under the aegis of the Federal Ministry of Economics and act as a single point of contact for project promoters. Further, the Act delegates the Infrastructure Authority's tasks to existing environmental assessment authorities (provincial governments) in order to take advantage of their established expertise. The infrastructure authority will act only if the project area spans two or more federal provinces. Even in this case, the Authority will have coordinating functions only, whereas the competence for the proceedings remains with the provincial governments. The infrastructure authority shall be authorised to: a) issue Regulations prohibiting the construction of other facilities within the project area for a five-year period without the authority's consent; and b) permit construction under certain conditions. Further details regarding these requirements will be left to the Authority. The text consists of 18 articles divided into 3 Parts as follows: General provisions (I); Procedures (II); Transitional and final provisions (III).
Attached files
Web site
Date of text
Repealed
No
Serial Imprint
Bundesgesetzblatt für die Republik Österreich, Part I, No. 4, 23 February 2016, 11 pp.
Source language
English
Legislation Amendment
No
Original title
Energie-Infrastrukturgesetz sowie Änderung des Umweltverträglichkeitsprüfungsgesetzes 2000.