Electricity generation plants
Short description
General information
Anyone wishing to construct or operate an electricity generation installation (power generation facility) or to substantially modify an existing installation in Styria must obtain a permit from the competent authority in accordance with the Styrian Electricity Industry and Organization Law 2005 (ElWOG 2005).
The following are exempt from the permit requirement:
- installations with a bottleneck capacity up to and including 200 kilowatts (kW);
- mobile, non-network-connected power generation facilities, e.g. mobile emergency generators;
- power generation facilities that are subject to an environmental impact assessment under the EIA procedure or facilities for whose construction and operation a permit is required under certain federal legislation (waste, mining, industrial, air pollution control or traffic regulations);
- power generation facilities that are also used for the extraction and delivery of heat (which is economically and professionally related to this activity), if these power generation facilities are subject to a permit requirement under the Industrial Code 1994 or the Clean Air Act for boiler plants.
Prerequisites
Decisive factors are:
- threats to the life or health of people or;
- threats to the ownership or property rights of the parties according to a professional assessment;
that are not to be expected and:
- possible nuisance to neighbouring residents (e.g. through noise, odour, shocks, heat, vibrations or glare)
are limited to a reasonable level. Under certain conditions, it is also possible to carry out a ‘simplified procedure’ at the express request of the permit applicant.
Competent authority
for the service Electricity generation plants:
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
Procedure
The application must be submitted in writing to the competent authority together with the required documents. A visual inspection must be conducted with the participation of the parties.
In the determination procedure, in addition to the permit criteria regarding the state of the art, a risk to human health, a risk to ownership or property of the parties as well as nuisance to residents around the power generation facility, the following public interests will be examined and taken into account in the decision-making process: requirements of national culture, forestry, torrent and avalanche control, spatial planning, nature conservation, monument protection, water management and water law, mining, public transport, airspace safety, other supply and disposal, national defence and the protection of employees.
Required documents
The application must be accompanied by four copies of the following documents, which must be prepared by an authorised person in accordance with professional regulations:
- a technical report with information on the purpose, scope, mode of operation and technical design of the planned power generation facility, in particular on primary energies, energy conversion (bottleneck power and voltage, design plans), type of current, frequency and voltage;
- a plan showing the location of the generating plant and the relevant plots of land with their plot numbers;
- a list of third-party installations affected by the generating plant, such as railways and supply lines, with the names and addresses of the owners;
- the names and addresses of the owners of the properties:
- on which the power generation facility is to be constructed, including the persons with property rights (except mortgagees);
- which are (directly) adjacent to the location of the power generation facility (no older than 3 months);
- a list of any mining areas where the generating plant is or will be located, including the names and addresses of the persons entitled to mine the site;
- a justification for the choice of location, taking into account the actual local conditions;
- a description and assessment of the likely hazards and nuisances within the meaning of Section 10(1) Styrian ElWOG 2005, which may emanate from the power generation facility.
Costs
1. ENTRY FEE
A fee of EUR 14.30 must be paid for the submission of the application. A fee of EUR 47.30 shall be payable for applications for the grant of power or recognition of a qualification or any other legal requirement to pursue an activity.
2. BEILAGE FEATURES
A fee must be paid for each supplement to be attached to the application. It is EUR 3.90 per din A3 sheet*. If the supplement is larger than a DIN A3 sheet, the fee per sheet of paper is EUR 7.20. The maximum fee is EUR 21.80.
* The law uses the term “arch”, which is paper whose side size does not exceed the size of two by 210 mm x 297 mm in one or both directions.
3. COUNTRY COMMISSION SUPPORT
If official acts of the authorities outside the Office are required for the processing of the application, commission fees shall be paid for this. The amount of the Commission fee for each half hour commenced shall be per participating body.
- for administrative acts of the district administrative authorities: EUR 17.00
- for official acts of other authorities of the country: EUR 23.70
Time required for adjudication
The authorities are obliged to issue the decision whithin six months after the application has been received. If the authority fails to decide within the specified deadline, you have the option of a „Säumnisbeschwerde“ . This Säumnisbeschwerde“ must include the name of the authority whose decision is pending. Additionally, the letter must state the request and provide evidence that the decision deadline of the authority has expired.
Feedback
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Data protection
An appeal is possible against rulings issued by an authority and shall be filed by the party within a 4 weeks term with the authority that issued the ruling of first instance (against rulings without investigation procedure within a two weeks term). The term starts with the receipt of the written copy of the ruling, in the case of oral pronouncement simultaneously with it.
The appeal shall indicate the ruling it contests, the authority that issued the ruling and contain a motion of appeal with the reasons. No more appeal is admissible if the party expressly waived the right of appeal after receipt or pronouncement of the ruling.
Each ruling contains instructions on the right to appeal and indicates the authority and the deadline for submission of such appeal.
Means of redress or appeal
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.
Assistance and problem-solving services
Point of Single Contact Styria
Offices of the Provincial government of Styria
Department 12 - economy and innovation
Nikolaiplatz 3
8020 Graz
Telefon: +43 316 877 5905
E-Mail: eap@stmk.gv.at
Homepage: https://eap.stmk.gv.at
