Snow-making facility - modification – conservation approval See explanation of the designation of:
Conditions
Description
Conservation approval for the modification of a snow-making facility
General information Explanation of this section
The modification of a snow-making facility outside a built-up area requires conservation approval (naturschutzrechtliche Genehmigung) if this affects the interests of conservation under Section 1(1).
Requirements Explanation of this section
No harm to the interests of conservation. Alternatively, if harm is caused, overriding long-term public interest and no alternative measures available.
Deadlines Explanation of this section
None. Operations may commence once the legally binding decision is issued.
Processing time
The authorities are required to issue a decision on a complete application without undue delay, and in any case within 6 months.
Procedure Explanation of this section
Application – check of completeness of documents – investigation procedure (expert’s report, on-site inspection, discussion) – decision
Required documents Explanation of this section
Written application, planning documentation, plans, sketches, descriptions, technical report, survey of flora and fauna ecosystems, analysis of alternatives, evidence of long-term public interest, agreement of the owner or proof of ownership.
Costs Explanation of this section
Administrative charges; fees under the Fees Act (Gebührengesetz); other costs
Responsibilities
Competent authority Explanation of this section
- Tyrolean state government, Abteilung Wasser-, Forst- und Energierecht
Go to form Explanation of this section
Details
Authentification and signature
The application does not have to be signed electronically – using a mobile phone signature (Handy-Signatur) or E-ID – or by hand.
Additional information Explanation of this section
Legal basis Explanation of this section
Tyrol Conservation Act (Tiroler Naturschutzgesetz) 2005
General Administrative Procedure Act (Allgemeines Verwaltungsverfahrensgesetz) 1991
Fees Act (Gebührengesetz) 1957
Provincial Administrative Charges Ordinance (Landes-Verwaltungsabgabenverordnung) 2007
Legal remedies
Appeals against the decision notice may be lodged before the Regional Administrative Court. The appeal must specify the contested decision and the authority that issued it. It must contain a request and set out the grounds on which the allegation of illegality is based. The appeal must be submitted in writing to the authority that issued the decision within 4 weeks of notification of this decision, and must contain information that makes it possible to assess its timeliness. The authority may issue a preliminary appeal decision. The appeal may be filed electronically: Beschwerde im Verwaltungsverfahren (Appeals in administrative proceedings).
If the administrative authority fails to make a decision within 6 months, you have the option of filing a complaint before the Regional Administrative Court regarding the delay. This must be filed with the defaulting authority. The complaint must specify that authority, set out a specific request and demonstrate that the authority’s time limit for making a decision has expired.