Environment Sustainability Testing Act.

The purpose of this Act is to set up systems for (i) assessing the impact of planned activities on man, animals and plants, soil, water, air and climate, ecosystems, landscapes and cultural heritage; (ii) providing information on these activities and involving the public in the relevant decision-making processes. The Act also contains a schedule of projects that must be subjected to a sustainability test, namely an environmental impact assessment, and sets out the procedure to be followed for conducting and monitoring this test. The relevant authorities are responsible for drawing up an environmental impact research plan and to draft a list of experts qualified to carry out sustainability evaluations. The Act requires the authorities concerned to provide free public access to all the information available on the sustainability tests conducted on the planned activities, of which a list is given in the schedule. It also requires public hearings to held to debate the projects, and provides the possibility for independent experts to express dissenting opinions. The ways in which the public may participate in decision-taking are through written or oral statements, petitions and addressing the public hearings. The projects approved following an environmental impact study must be implemented in accordance with the conditions laid down in the licences issued for them. During the following three to five years, sustainability tests must be conducted on them to ensure total compliance. If not, the authorization or licence may be withdrawn.
The Act also makes cross-border cooperation compulsory. When any activities are likely to have cross-border environmental repercussions, the Austrian authorities are required to inform the neighbouring States concerned as soon as possible, telling them of the results of the impact assessment carried out, and the licences that have been issued. Lastly, the Act sets up an Environmental Council within the Ministry of the Environment, Youth and the Family, laying down its composition and rules of procedure. Its purpose is to advise the Minister and to supervise the enforcement of this Act.