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Provincial Waste Management Plan Styria - Abfallwirtschaft - Abfall ...

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1 Introduction<br />

<strong>Provincial</strong> <strong>Waste</strong> <strong>Management</strong> <strong>Plan</strong> <strong>Styria</strong> - 2005<br />

In accordance with the requirements of § 5 StAWG (<strong>Styria</strong>n <strong>Waste</strong> <strong>Management</strong> Act) 2004 the<br />

Government of <strong>Styria</strong> has to adopt a <strong>Provincial</strong> <strong>Waste</strong> <strong>Management</strong> <strong>Plan</strong> to implement the goals<br />

and principles as defined in § 1 StAWG 2004. Thereafter, with respect to precautionary and<br />

sustainability principles, waste management is to be designed in such a way that i) waste volumes and<br />

their pollutant contents are kept as low as possible (waste prevention), that ii) waste is recovered if<br />

this is ecologically useful and technically feasible and if the resulting extra costs are not<br />

disproportionate (waste recovery), and that iii) non-recoverable waste is treated with suitable<br />

procedures and remaining residues are as non-reactive as possible (waste disposal).<br />

The <strong>Provincial</strong> <strong>Waste</strong> <strong>Management</strong> <strong>Plan</strong> is to refer to municipal waste, whereby it has to contain<br />

• an analysis of the waste volumes,<br />

• a presentation of treatment plants,<br />

• forecasts on the development of waste volumes,<br />

• goals for a sustainable waste and material flow management,<br />

• as well as strategies for waste prevention and waste treatment (waste recovery and waste<br />

disposal).<br />

The <strong>Provincial</strong> Governor has to present the <strong>Provincial</strong> <strong>Waste</strong> <strong>Management</strong> <strong>Plan</strong> to the Federal<br />

Minister for Agriculture, Forestry, Environment and Water <strong>Management</strong>, whereby any contents related<br />

to plants for the disposal of non-hazardous waste shall be integrated into the Federal <strong>Waste</strong><br />

<strong>Management</strong> <strong>Plan</strong> in addition to any content which is subject to environmental assessment pursuant<br />

to Directive 2001/42/EC on the Assessment of the Effects of certain <strong>Plan</strong>s and Programs on the<br />

Environment (SEA Directive) (§ 8 para. 4 AWG 2002). Since the present <strong>Provincial</strong> <strong>Waste</strong><br />

<strong>Management</strong> <strong>Plan</strong> 2005 does not contain any measures representing a framework for future approvals<br />

in the sense of Art. 3 of the SEA Directive, such an assessment is not required for the <strong>Provincial</strong><br />

<strong>Waste</strong> <strong>Management</strong> <strong>Plan</strong> 2005. In this context, it is important to note that the presentation of treatment<br />

plants for non-hazardous municipal waste does not include guidelines for the location of waste<br />

treatment plants and does therefore not provide a framework for future approval of projects. By<br />

approving of this <strong>Provincial</strong> <strong>Waste</strong> <strong>Management</strong> <strong>Plan</strong> no significant impact on the environment in the<br />

sense of the SEA Directive is expected (in <strong>Styria</strong>, the SEA Directive is implemented according to the<br />

requirements related to spatial planning as defined in the <strong>Styria</strong>n Regional <strong>Plan</strong>ning Act).<br />

According to the general division of competences laid down in the Austrian Federal Constitution (Art.<br />

10, para. 1, No. 12 Federal Constitutional Law), the Federal State has exclusive legislative and<br />

executive competences in the field of waste management with regard to hazardous waste, but also<br />

with regard to non-hazardous waste as far as there is the need to pass uniform regulations. Due to the<br />

Bedarfsgesetzgebungskompetenz (meaning that if required the Federal State is given more authority<br />

than the provinces in certain matters), which has been claimed to a large extent by the Federal State,<br />

the <strong>Styria</strong>n <strong>Waste</strong> <strong>Management</strong> Act 2004 covers only the provincial legislation for non-hazardous<br />

municipal waste, being only a part of waste management. The contents of the <strong>Provincial</strong> <strong>Waste</strong><br />

<strong>Management</strong> <strong>Plan</strong> 2005 are likewise limited to non-hazardous waste, however, the analysis of the<br />

waste volumes, the presentation of the treatment plants, and the forecasts on the development of<br />

waste volumes also contain other waste types. This is due to the fact that collection and treatment<br />

structures are jointly used, hence enabling a continuous presentation of the volume development and<br />

forecasts.<br />

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