AUSTRIA Trends and Developments Contributed by: Bernd Rajal, Maximilian Klein and Moritz Üblagger, Schönherr Rechtsanwälte GmbH
the Supreme Austrian Administrative Court as a particularly important legitimising interest. This climate protection interest plays an impor - tant role in permitting procedures regarding renewable energy projects that are subject to an environmental impact assessment under the Environmental Impact Assessment Act. For example, the 2023 amendment to the Environ - mental Impact Assessment Act expressly stip - ulates that energy transition projects are con - sidered to be in high public interest as part of an overall assessment under the Environmental Impact Assessment Act. The term “energy tran- sition project” is to be understood broadly and includes, for example: • transmission lines that are not exclusively for the transport of renewable energy; • pumped storage power plants that are not operated exclusively with renewable energy; or • railway expansion. Renewable Gas Act: Navigating New Requirements and Market Dynamics for Businesses On 21 February 2024, the Austrian govern - ment introduced a draft for the Renewable Gas Act (EEG), a significant step towards meeting climate targets through the rapid adoption of renewable gases, particularly green gas. The law will directly impact businesses, as it mandates gas suppliers to substitute a growing proportion of their gas volumes with renewable gases start - ing in 2024. This transition, beginning at 0.7% and increasing to 7.7% by 2030, will challenge energy suppliers and businesses dependent on gas, but also create opportunities for adaptation and investment in renewable energy solutions.
The draft EEG, however, failed to receive the necessary two-thirds majority in the Austri - an Parliament, leaving its passage uncertain. Despite this, the current government programme includes the mobilisation of green gas under the “Rapid energy transition” initiative, although the target for expanding green gas by 2030 is now set at 6.5 TWh, which is lower than the previ - ous government’s proposal. This change may affect future investment opportunities in green gas infrastructure. Additionally, the government programme envi - sions the introduction of a market premium model similar to the one in the current Renew - able Expansion Act, which would compensate for the difference between production costs of renewable electricity and the market price. This premium, aimed at incentivising renewable elec - tricity generation, will be awarded through a ten - der process and not by direct application, further influencing the market dynamics for businesses involved in renewable energy. Efficient Waste Management: Regulatory Framework and Promotion of the Circular Economy Effective waste management is not only a legal obligation but also an opportunity for businesses to enhance sustainability, optimise resource use and improve operational efficiency within the framework of Austria’s Waste Management Act. In Austria, the treatment of waste is regulated by the Waste Management Act. According to this law, waste management must be geared towards the precautionary principle and sustain - ability, in such a way that environmental damage is avoided or kept to a minimum, resources are conserved and only those materials remain as waste whose disposal does not pose a risk to future generations. Additionally, emissions of air
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