Snow-making facility - modification – conservation approval

Description

Conservation approval for the modification of a snow-making facility

General information

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

No harm to the interests of conservation. Alternatively, if harm is caused, overriding long-term public interest and no alternative measures available.

Deadlines

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

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

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

Administrative charges; fees under the Fees Act (Gebührengesetz); other costs

Additional information

https://www.tirol.gv.at/umwelt/wasser-forst-und-energierecht/wasserrecht/¹

https://www.tirol.gv.at/umwelt/umweltrecht/naturschutzrecht/²

Go to form

Application (of the Province of the Tyrol)³

Competent Authority

Regional Government - Abteilung Wasser-, Forst- und Energierecht⁴

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 Verwaltungsverfahren⁵ (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.