AUSTRIA Trends and Developments Contributed by: Bernd Rajal, Maximilian Klein and Moritz Üblagger, Schönherr Rechtsanwälte GmbH
Spatial Energy Planning: Potential for Companies in Renewable Expansion and Energy Efficiency The term “spatial energy planning” is used in Austria to discuss how spatial planning can contribute to reducing energy consumption and CO₂ emissions and increasing the proportion of renewable energies in the energy supply. For businesses, spatial energy planning presents significant opportunities not only to enhance energy efficiency and reduce carbon footprints but also to invest in the accelerated develop - ment of energy generation facilities, such as those for self-supply. Given the current urgency to expand renewable energy sources – driven by rising energy prices, increasing regulatory pres - sure, and the need for greater energy security – companies that proactively engage in energy infrastructure development can secure long- term cost advantages and contribute to a sus - tainable energy transition. Currently, energy-related options for determining zoning and development plans are only selec - tively anchored in the regional planning laws of the provinces, mainly to ensure space for renew - able energy plants. A critical component of spatial energy planning is the Austrian Grid Infrastructure Plan (ÖNIP), which co-ordinates renewable energy expansion with grid development, storage and flexibility options. The ÖNIP is essential for achieving a secure, climate-neutral energy system by 2040, integrating electricity, gas and hydrogen trans - mission. In early 2023, Austria’s Council of Ministers proposed the Renewable Expansion Accelera - tion Act (EABG), which includes mandatory “go to” areas in zoning plans for photovoltaic and wind power projects. These areas are intended
to accelerate the construction of energy gen - eration facilities but the EABG has not yet been passed by the National Council. If implemented, the EABG could create further opportunities for businesses to invest in and develop renewable energy infrastructure. Climate Protection in Permitting Procedures: Every Challenge Holds an Opportunity For businesses, the integration of climate pro - tection interests into environmental permitting procedures presents both regulatory challenges and significant opportunities, particularly in the context of large-scale energy projects. Permitting procedures under Austrian adminis - trative law regularly involve weighing up the pub - lic interests in favour of and against a particular project. In administrative proceedings, climate protection can be an interest legitimising or con - flicting projects ( “pro project” , “contra project” ). This applies particularly to large-scale renewable energy generation projects and large-scale infra - structure projects. However, it should be noted that large-scale infrastructure projects – which are subject to an environmental impact assessment under the Environmental Impact Assessment Act – have never been refused a permit based on conflicting climate protection interests in Austrian case law: a decision by the Federal Administrative Court, which denied the permit for the construction of a third runway at Vienna Schwechat Airport on climate protection grounds, was overturned by the Constitutional Court in 2017. In 2019, this project was confirmed in the last instance by the Supreme Administrative Court. Regarding climate protection as “pro project” interest, the expansion of renewable energy is long recognised in the established case law of
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