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AVG amendment under review! EABG and UVP-G amendments announced

Authors: Johannes Hartlieb, Mario Laimgruber

Stalled procedures? According to the outcome of today’s summer cabinet meeting, the new legislative package could be the solution – or, objectively speaking, at least a step in the right direction.

Later this week, a draft amendment to the General Administrative Procedure Act 1991 (AVG) will enter the review stage (links to the relevant documents will be available here shortly). A Renewable Energy Expansion Acceleration Act (EABG) and an amendment to the Environmental Impact Assessment Act 2000 (UVP-G 2000) were also announced (or rather, re-announced) for the fall.

Some elements were explicitly mentioned today, others have been hotly debated in various circles in recent times. The legislative package is expected to include the following key “highlights”:

Bundling of procedures and responsibilities for renewables (a “one-stop shop” approach, even outside the EIA)
Possibilities for linking planning and project approval levels, along with associated simplifications (especially with regard to nature conservation)
Approval exemptions, notification procedures, and simplified procedures for certain renewable energy projects
The principle of full procedural integration under the Environmental Impact Assessment Act 2000 will finally apply to section three as well, covering federal highways and high-speed railway lines.
Simplified weighing of interests
New EIA cumulation rule
Stronger procedural structuring options for all project categories
Simplification in the involvement of expert consultants
Elimination of the edictal barrier (currently: July 15th to August 25th and December 24th to January 6th)
Lower thresholds for the use of large-scale procedure provisions and simplified publication and notification procedures

What will come of these announced efforts – and whether or not further additions will be made (the latter is to be hoped for, given the somewhat limited nature of some proposals and in the interest of coherence) – remains to be seen. What is already certain is that, regardless of how things develop, we are happy to support you in safeguarding your interests and successfully implementing your projects. We look forward to hearing from you.

Disclaimer

This article is for general information only and does not replace legal advice. Haslinger / Nagele Rechtsanwälte GmbH assumes no liability for the content and correctness of this article.