Hydroelectric power plants – construction – procedure according to nature conservation legislation

Description

Nature conservation information relating to the construction of hydroelectric power plants.

General information

Outside built‑up areas:

- in areas of flowing natural waters, in embankment areas and in the 5 m bank protection area of such bodies of water, and

- in areas of standing bodies of water with a water surface area of more than 2 000 m² and in the 500 m water protection area of such lakes,

an authorisation is required for the construction of power plants and for the disposal or abstraction of water for the operation of electricity power plants (Section 7(1)(b) and (c) and (2)(a) and (b)(1) of the Tyrol Nature Conservation Act 2005 – TNSchG 2005).

Requirements

- No impairment of the interests of nature conservation pursuant to Section 1(1) or

- if there is damage: the existence of another overriding long-term public interest and no alternative option (Section 29(2) and (4)).

The requirement relating to the existence of overriding long-term public interests in the granting of the authorisation applies in the context of the re-granting of the authorisation under nature conservation law for hydroelectric power plants granted for a limited period of time under nature conservation law, provided that only the adverse effects on the ecological status of the water bodies and the relevant riparian areas are to be taken into account as adverse effects on the interests of nature conservation pursuant to Section 1(1) of the TNSchG 2005.

Deadlines

None. The project may not be started until a legally binding authorisation has been issued.

The authority must issue a decision on a complete application without any 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 (type, location and scope of the project);

- project annexes 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 ecosystem (plans, sketches, descriptions, plant and wildlife surveys, etc.);

- information on alternative solutions;

information on the public interests regarding the project;

Costs

- administrative fee: if authorisation granted: EUR 220 or EUR 870; if authorisation rejected: nothing;

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

- other costs.

Any costs due must be paid following notification thereof.

Go to form

Application (of the Province of the Tyrol)

Competent Authority

Note on jurisdiction

District administrative authority (for hydroelectric power plants up to and including a maximum capacity of 500 kW)
Tyrolean Provincial Government (for hydroelectric power plants with a maximum capacity of more than 500 kW)

Legal remedies

Appeals against decisions of the authorities may be lodged with the Regional 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 unlawfulness is based. The appeal must be submitted in writing to the authority that issued the decision within 4 weeks of notification of the decision, and must contain information that makes it possible to assess whether it has been submitted within the specified time limit. The authority may issue a preliminary decision on the appeal. The appeal may be filed electronically: Beschwerde im Verwaltungsverfahren [appeal 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 show that the authority’s time limit for making a decision has expired.