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

Description

Information on nature conservation legislation relating to the modification of an approved hydroelectric power plant.

General information

Outside of built-up areas, a permit under nature conservation legislation (Section 7(1)(d) and Section 7(2)(a) and (b)(1) of the Tyrolean Nature Conservation Act (Tiroler Naturschutzgesetz, TNSchG) 2005) is required in the following areas for the amendment of power-station installations and for any changes to a project relating to the discharge or abstraction of water for the purpose of operating a power plant, if the interests of nature conservation under Section 1(1) TNSchG 2005 are affected:

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

in 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 bodies.

Requirements

- No (additional) adverse effects on the interests of nature conservation pursuant to Section 1(1); or

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

The requirement of the existence of overriding long-term public interest in the granting of the permit applies to decisions regarding:

1. the modification of hydroelectric power plants authorised under nature conservation law, if the intended modifications serve to achieve the environmental targets for surface waters laid down in EU law (good ecological and chemical status or, in the case of significantly modified surface waters, good ecological potential and good chemical status); and

2. the granting of a nature conservation permit for the modification of hydroelectric power plants with a maximum performance of 500 kW that were lawfully built in their existing form without a nature conservation permit, if the modifications serve to achieve the environmental targets listed in point 1 above;

with the proviso that only the adverse effects on the ecological status of the bodies of water and the relevant embankment areas are to be considered adverse effects on the interests of nature conservation pursuant to Section 1(1) TNSchG 2005.

Deadlines

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

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 (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 ecosystem (plans, sketches, descriptions, any plant and wildlife surveys, etc.);

- information on alternative solutions;

information on the public interest regarding the project.

Costs

- Administrative charge: if permit application approved: EUR 220 or EUR 870; if rejected: nothing;

- 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.

Go to form

Application (of the Province of the Tyrol)

Competent Authority

Note on jurisdiction

District administrative authority (for hydroelectric power plants with a maximum capacity of 500 kW or less)
Provincial Government of Tyrol (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. 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: 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 demonstrate that the authority’s time limit for making a decision has expired.