Surface lifts – construction – procedure according to nature conservation legislation

Description

Nature conservation law information regarding the construction of surface lifts

General information

Outside built-up areas, the construction of ski lifts requires a permit under nature conservation law (Section 6(c) of the Tyrolean Nature Conservation Act (Tiroler Naturschutzgesetz, TNSchG) 2005).

Requirements

- No damage to nature conservation interests; or

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

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 any undue delay, but at the latest within 6 months.

Procedure

Written application – check of completeness of documents – investigation procedure (expert’s report, on-site inspection, negotiation, 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

Two copies of the following documents:

- 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;

- proof of ownership of the land or submission of declarations of consent from affected landowners.

Costs

- administrative fee: if authorisation granted: EUR 220 or EUR 870; if authorisation rejected: none;

- 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.

Additional information

Authorisation is only required if a project does not require a nature conservation authorisation under another provision of this act, a regulation under this act or one of the acts or laws specified in the annex to Section 48(1).

Go to form

Application (of the Province of the Tyrol)

Competent Authority

Legal remedies

Appeals against decisions of the authority may be filed 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 unlawfulness is based. The appeal must be filed in writing with 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 whether it was filed within the specified period. 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 may file 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.