Microlight aircraft, motorised hang-gliders and paragliders and similar - 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 motorised microlight aircraft, motorised hang-gliders and paragliders and similar.

General information

Outside built-up areas, off-field landing and take-off with motorised aircraft in the form of microlight aircraft, motorised hang-gliders and paragliders and similar require an authorisation under nature conservation law (Section 6, point l, second subparagraph of the Tyrolean Nature Conservation Act 2005 [TNSchG 2005]).

Requirements

- No damage to nature conservation interests; or

- If there is damage: the existence of another overriding public interest and no alternative option (Section 29(1) and (4)).

Deadlines

None. Flights may only be carried out after a legally binding authorisation has been issued.

Processing time

The authority must 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 if necessary) – 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:

- 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 potential damage to the recreational value of the landscape and the ecosystem (flight plan, wildlife surveys where required, etc.);

- information on alternative solutions;

- information on the public interests regarding the project;

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

Costs

- Administrative charge: if application approved: EUR 220 or EUR 870; if rejected: no charge;

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

- Other costs.

The costs due must be paid following notification thereof.

Additional information

- Authorisation is only required if a project does not require a nature conservation authorisation under another provision of this Act, a regulation under this Act or one of the acts or laws specified in the annex to Section 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.