Helicopter - off-field landing and take-off - procedure according to nature conservation legislation

Description

Information on nature conservation legislation regarding off-field landing and take-off with helicopters above 1 700 m for sporting or cultural events, advertising or filming.

General information

Outside built-up areas, off-field landing and take-off with motorised aircraft above an altitude of 1 700m for sporting or cultural events, advertising or filming require an authorisation under nature conservation law (§ 6 paragraph lit. l p. 1 Tyrolean Conservation Act 2005 - TNSchG 2005).

Requirements

- no damage in terms of nature conservation interests; or

- in case of damage: the existence of another overriding public interest and no alternative option (§ 29(1) and (4).

Deadlines

None. The project may only be started after a legally binding authorisation has been issued.

Processing time

The authority is required to issue a decision on a complete application without undue delay, and in any case within 6 months.

Procedure

Written application – check of completeness of documents – investigation procedure (expert’s report, on-site inspection, discussion) – decision

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.

Required documents

In duplicate:

- a written application;

- project description (flight date and time, number of flights, description of departure and landing location, purpose of the project, etc.);

- project appendices required for assessment of the admissibility of the project, in particular with regard to possible damage to the recreational value of the landscape and the natural balance (flight route plan, any wildlife surveys, etc.);

- information on alternative solutions;

- information about the public interest regarding the project;

proof of ownership of the take-off/landing location or submission of declarations of consent from affected landowners.

Costs

- administrative charge: authorisation: EUR 220 or EUR 870; rejection: nothing;

- fees: application fee: EUR 14.30; appendices: EUR 3.90, max. EUR 21.80 per appendix; any commission fees;

- other costs.

The costs incurred are to be transferred after notification has been given.

Additional information

- Authorisation is only required if the project does not require a nature conservation authorisation under another provision of this law, an ordinance under this law or one of the laws specified in the annex to § 48(1);

- Flights in protected areas are subject to stricter authorisation conditions; no exemptions are made for flight projects in quiet areas.

Go to form

Application (of the Province of the Tyrol)

Competent Authority

Regional Government - Abteilung Umweltschutz

Legal remedies

Appeals against decisions of the competent authority may be lodged with the Provincial Administrative Court (Landesverwaltungsgericht). 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.