Power plants above 25 kW and up to 250 kW – modification notification

Description

Information on the notification for the modification of power plants with a bottleneck capacity of more than 25 kW

General information

The significant modification of power plants with a bottleneck capacity of more than 25 kW and up to 250 kW is subject to notification.

Requirements

Without prejudice to any other provisions of federal and provincial law, power plants and electrical wiring installations must be constructed, modified, operated, maintained and repaired in all their parts in such a way that:

a) corresponds to the state of the art, in particular to building, safety and fire-safety requirements;

b) through their existence and operation:

1. does not endanger the life or health of human beings or the safety of property, other rights in rem or rights of use under public law in the form of forest or grazing rights, special field easements or partial forest rights (the possibility of a mere reduction in market value does not constitute a threat); and

2. does not unreasonably disturb people through noise, odour, smoke, shocks, heat, light or mechanical vibrations or in any other way; whether disturbances are reasonable is to be assessed according to how the changes in the actual local conditions caused by the plant or installation affect a healthy, normally sensitive child and a healthy, normally sensitive adult;

c) does not significantly affect nature, the landscape or the character of the location;

d) ensures efficient energy generation;

e) takes into consideration the outcome of the cost-benefit analysis; and

has no adverse impact on the operation of the distribution network (best possible cluster).

Deadlines

A power plant may not be constructed until a decision has been made by the authority.

If a complete notification is submitted, the authority must issue a decision within 3 months. If no decision is made by this deadline, the project may be carried out.

Procedure

Submission of notification – examination by authority – decision within 3 months

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

The notification must be submitted to the authority in writing. The notification must be accompanied by two copies of all the documents necessary to assess the admissibility of the project under the Tyrolean Electricity Act (Tiroler Elektrizitätsgesetz, TEG) 2012. The following must always be enclosed:

a) a technical description of the project, indicating the type, purpose, scope, bottleneck capacity, raw-energy sources and other operating resources used, overall efficiency, mode of operation, operating times, propulsion method, performance, annual working capacity, type of current and all other planned machinery and equipment, as well as information on the measures envisaged to prevent emergencies or minimise their effects;

b) the necessary plans, descriptions and drawings, in particular a site plan showing the properties affected by the project;

c) information on the expected effects within the meaning of Section 5(1)(b) and (c) TEG and the measures envisaged to prevent or reduce them;

proof of ownership of the land on which the project is intended to be carried out or, if the applicant is not the landowner, a declaration of consent issued by the landowner.

Costs

Administrative charges; fees under the Fees Act; other costs

Competent Authority

District Authority

Legal remedies

Appeals against decisions of the district administrative authorities 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 filed in writing to the district administrative authority that issued the decision within 4 weeks of the date of notification of the decision and must contain information that makes it possible to assess its timeliness. The district administrative authority may issue a preliminary appeal decision. The appeal may be filed electronically: 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. It must be filed with the defaulting district administrative 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.