Approval management

In addition to the approval of the operating facility, other approvals are / may also be required:

• Concession / trade license such as master craftsman,...
• Building permit
• Water rights authorization for the infiltration of rainwater, wells,...
• Approval under waste legislation
• Approval under aviation law
• Road law approval
• Nature conservation permit
• .....

These permits must be checked in detail.

It is important to note that the construction and operation of the business premises is only permitted once all legally valid permits have been obtained.

(LGBL 37/2017)

• Friesach
• Gurk
• Guttaring
• Hüttenberg
• Little St. Paul
• Metnitz

(LGBL 38/2017)- Amendment(LGBL 45/2018)

• Bad Bleiberg
• Fresach
• St. Jakob im Rosental
• Meeting at Lake Ossiach
• Ferndorf

(LGBL 17/217)

• Bad St. leonhard im Lavanttal
• Frantschach- St. Gertraud

(LGBL 39/2017)

• Bleiburg
• Diex
• Eberndorf
• Feistritz ob Bleiburg (no construction measures that require a water law permit in addition to a building permit)
• Globasnitz

(LGBL 36/2017)

• Baldramsdorf
• Berg im Drautal
• Malta
• Millstatt
• Mörtschach
• Rennweg am Katschberg

(LGBL 35/2017)

• Ebenthal in Carinthia
• Pörtschach on Lake Wörthersee

(LGBL 34/2017)

• Albeck

An application must be submitted to the district administrative authority for approval. In addition to the application, further documents are also required:

1. Application
2. Description of the plant consisting of:
   1. Textual description of the planned activity
   2. Operating times
   3. Heating mode
3. List of machines & equipment (with performance, emissions for noise, air,...)
4. Plans and sketches
   1. Floor plan
   2. Site plan
   3. Machine and plant layout plan
5. Waste management concept

A sample description for completion is available from the WKK.(Link)

Every business must inspect its premises at intervals of at least 6 years. (with the exception of businesses under 359b every 5 years or as otherwise prescribed in the official notice) to ensure compliance with the approved consensus and other regulations under trade law.

Attention: The review of the "other legal regulations" is very often forgotten or not carried out for cost reasons. This is much more time-consuming than checking the notices.

The background to this inspection is that if an operating facility, machine, etc. is not operated for more than 6 years, the permit expires. According to §82 para. 2, however, it is possible to have new machines approved in the course of replacement. Only the equivalence must be proven. If the replacement takes place without changing the operating system, this means that the permit for both the old and the new machine expires. Under certain circumstances, the entire approval procedure (possibly with new neighbors,...) must then be carried out completely anew.

For example, the §82 review also serves as a self-assurance for the contractor so that he has a consensual approval.

In the event of a claim, it is also necessary to be able to prove that the operating facility was approved. According to the insurance policies, the insurance companies have withdrawal clauses vis-à-vis the policyholder. Criminal law and recourse claims may also arise here.

A further point is that the contractor must constantly maintain and keep the operating system in line with the state of the art.

If the trade authority has not received any reports regarding defects, the authority assumes that the operating system also complies with the state of the art (§77 GewO). If a plant inspection is carried out, the contractor is required to ensure that the plant is state of the art without delay.
However, a §82b inspection means that a corresponding "remediation concept" or implementation concept for establishing the state of the art can be agreed with the authority at any time. This means that investments can also be planned.

If a plant is not operated for a period of more than 6 years, the consensus expires. This means that operation of the plant, machine or device in question is no longer authorized. All rights to emissions (noise, air, light, etc.) therefore expire.

The possibility of modifying the operating plant in question or replacing machines without changing the emission behavior in the operating plant means that it is possible to replace the machine or plant in question with newer models, which usually also have a corresponding increase in performance. However, if the operating plant permit in question has expired, a completely new approval procedure must be carried out as part of an operating plant modification/extension.

For this reason, it is important that the relevant inspection of the operating system is also carried out at regular intervals. Please refer to the explanations in accordance with the §82b inspection.

According to the legal requirements, the applicant must disclose the emissions of the operating facility. The authorities must then determine the emissions for the residents. However, as the authorities are unable to do this immediately due to their staffing situation, private expert opinions are very often used by Konsens Berber. This speeds up the approval procedure in question. It is also possible to implement initial mitigation measures in the course of the planning measures if the limit values are exceeded. The corresponding planning of the mitigation measures can thus be started at an early stage.

The noise protection regulations are primarily set out in the ÖAL guidelines.

Source: ÖAL Guideline 41/2014 and ÖAL Guideline 36/2007