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.

Requirements

See "General information" and "Procedure".

Deadlines

There are no specific time limits.

Competent authority

• 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 Climate Action, Environment, Energy, Mobility, Innovation and Technology (→ BMK)

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^{German text} 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)

Costs and fees

The costs depend on the respective Ordinances of the Federal Provinces on levies and fees. Please ask the competent body in advance.

Legal bases

section 3 paragraphs 2, 4, 4a, 5, 7 and 8, section 3a of the Umweltverträglichkeitsprüfungsgesetz (UVP-G)