EIA - Declaratory proceedings
General information
In order to obtain security whether a project is to be subjected to the Environmental Impact Assessment there is the possibility to carry out declaratory proceedings. The project applicant can, in cases, where an examination of an individual case would have to be carried out, apply for a voluntary Environmental Impact Assessment. Moreover, if an EIA has to be initiated, a decision is taken, which procedure ( EIA procedure or simplified procedure ) is to be applied.
The decision shall be taken within a period of six weeks by decree.
Please note
For federal roads and high-performance railway tracks the deadline for the decision of the competent authority makes up eight weeks.
Competent authority
for the service EIA - Declaratory proceedings:
Abteilung 13 Umwelt und Raumordnung
Stempfergasse 7
8010 Graz,01.Bez.:Innere Stadt
Phone: +43 (316) 877-2491
Fax: +43 (316) 877-3490
Email: abteilung13@stmk.gv.at
Web address: http://verwaltung.steiermark.at
Public office hours
Montag bis Freitag von 8:00 bis 12:30 Uhr und nach Terminvereinbarung
Additional information
- The respective competent Provincial Government German text according to the location of the project
- For the implementation of the procedure for federal roads and high-performance railway tracks:
Federal Ministry for Innovation, Mobility an Infrastructure ( → BMIM I )
Procedure
The declaratory proceedings take place upon application. This application can be filed by the following persons and/or institutions:
- the project applicant
- the participating authority
- the environmental ombudsman
The declaratory procedure can also be initiated ex officio by the competent authority .
Party status is granted to the community of location, the project applicant, the environmental ombudsman.
Required documents
Description of the planned project ( e.g. plans, photos)
Caution
The project applicant is obliged to forward to the authority respective documents on his own project in the declaratory procedure. In this context information on the identification of environmental impact of the project has to be provided, including at least rough information about the cumulation with other projects.
Costs
The costs depend on the respective Ordinances of the Federal Provinces on levies and fees. Please ask the competent authority in advance.
Legal basis
section 3 paragraphs 2, 4, 4a, 5, 7 and 8, section 3a of the Umweltverträglichkeitsprüfungsgesetz (UVP-G)
Data protection
I have noted that the data provided by me, as well as any data received by the administration over the course of the preliminary investigation, will be automatically processed as per article 6, para. 1 lit. c and e of the General Data Protection Regulation in accordance with the underlying material laws of the legal process. Furthermore, I am aware that this is for the purpose of executing the legal procedure initiated by me, the granting of regulatory approval and also for the purpose of review. I have read the general information regarding:
- the right to access, rectification, erasure, restriction of processing, withdrawal and objection, as well as on data portability
- the right to lodge a complaint with the Austrian data protection authority
- the responsibilities of the process controller and the data protection officer as per https://datenschutz.stmk.gv.at.
