Antenna masts-modification – Notification procedure according to nature conservation legislation

Description

Information on nature conservation legislation on the modification of antenna masts

General information

Modification of antenna masts outside built-up areas must be notified to the competent authority if nature conservation interests are affected under § 1 paragraph 1 of the Tyrolean Nature Conservation Act 2005 – TNSchG 2005 (§ 16 paragraph 1 TNSchG 2005).

Requirements

- no (further) damage in terms of nature conservation interests; or

- in case of damage: another overriding public interest and no alternative project.

Deadlines

The authority may prohibit or approve construction within 1 month by sending a notification. Work can begin when authorisation has been granted. If the authority allows the deadline to pass without answering, work may begin after the 1 month deadline.

Procedure

Written notification – check of completeness of the documents – investigation procedure (expert’s report, on-site inspection, discussion) – decision with notification or upon expiry of deadline without written answer.

Authentification and signature

The notification 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 notification;

- project description (project type, location and scope);

- project appendices required for assessment of the admissibility of the project, in particular with regard to possible damage to the landscape, the recreational value of the landscape and the natural balance (plans, sketches, descriptions, if possible location and an orthophotomontage, description of the natural history of the site, etc.);

- information on alternative solutions;

- information about the public interests regarding the project;

- declarations of consent from affected landowners or proof of ownership.

Costs

- administrative charge in the case of approval of the authorisation: EUR 220; in case of rejection: nothing;

- fees: application fee: EUR 14.30; annexes: EUR 3.90, max. EUR 21.80 per annex;

- other costs.

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

Additional information

Notification is not required if the project requires a nature conservation authorisation or authorisation under national park law for the construction, installation, mounting or modification of equipment under another provision of this law, an ordinance under this law or one of the laws specified in the annex to § 48(1);

Go to form

Application (of the Province of the Tyrol)

Competent Authority

Note on jurisdiction

If a project extends to the territory of several districts or if, in addition to authorisation under nature conservation law, it also requires authorisation under:

a) a provision of federal law whose issuance the federal government, a federal minister or the governor of a province is responsible for; or

b) another provincial law provision which the provincial government is responsible for;

the Tyrolean provincial government is the competent authority.

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).