6 Land Use Planning Framework for Aggregates Securing the Sustainable Supply of Aggregates Requires Carefully Planning (I.E

6 Land Use Planning Framework for Aggregates Securing the sustainable supply of aggregates requires carefully planning (i.e. aggregates planning policies). As discussed in section 2, access to aggregates by forward planning is an important element of SARM. Issues are: Maximize availability of and access to aggregate by forward planning that protects important resources from sterilization; by extracting as much aggregate as possible from an area and using it for the most valuable application appropriate for the aggregate quality; by finding uses and markets for all of the extracted material; and by encouraging use of substitutes and recycling aggregate. Section 6 is structured as follows: First, general issues related to land use planning and management will be discussed. Second, aggregates (land use) planning at national, provincial level (i.e. regional [district] and local level will be discussed. Third, methodological issues will be provided. Focus: primary aggregates because of the fact that secondary aggregates are hardly considered in land use management.

6.1 General There are three general planning principles as follows: a) The existence of planning- and plan hierarchy b) The planning from a big scale to a small scale g) The obligation to co-ordinate the planning vertically and horizontally As regards planning principlesa) and b), regional planning follows the principle that the planning of a part of an area has to be part of the planning of an overall area. Therefore, regional planning has to be part of provincial planning, and municipal planning has to be part of regional planning. A private person is only allowed to use his/her realty if the local authority agrees with it. The term “planning hierarchy” deals with this topic. According to this planning hierarchy a plan hierarchy exists. This plan hierarchy signifies that a building permit that was given by the mayor is not allowed to have differences with the provincial development program of the provincial government. Planning principle g): In order to fulfil the planning hierarchy a vertical and horizontal planning co-ordination is required. Vertical planning co-ordination means the co-ordination between State (Mineral Resource Plan), the province Styria (i.e. its districts and municipalities). Horizontal planning co-ordination, on the other hand, means that the planning of parts of an area of a province (region, municipalities) has only sense (from the province’s perspective) if it is co-ordinated with the planning of the neighboured regions and municipalities. The requirement of vertical and horizontal planning co-ordination is of great importance for the mineral raw material issue. This complex issue often touches the issues of the State, provinces and municipalities and therefore need a careful vertical planning co-ordination. The notice of the horizontal planning co-ordination is crucial regarding the aspect of interregional raw material supply (i.e. region LEIBNITZ, DEUTSCHLANDSBERG and Graz, see different figures as listened above). Form, Structure and Scope of Development Plans As mentioned, land use planning is carried out at different planning levels, i.e. national, provincial, district and community level. Theoretically, lower level plans should follow the provisions of the provincial plans but in many cases they have been prepared before the provincial plan. Both the provincial (i.e. Styria) and the national government have to ensure that land use allocations do not contradict their own provisions oversee local plans. Whilst local authority land use plans contain land use regulations for specific sites, regional planning programmes (i.e. development plans, regional plans) of the provinces lay down general objectives for the land use and development of the land or parts of the land. These are binding on the local authorities. In addition to the regional planning programmes of the provinces, local development planning usually has been introduced by some local authorities defining how regional policy and physical planning principles and objectives have been applied within their area of jurisdiction. Such municipal planning conceptions are more general in content (1:10.000) than the site-specific land use and local development plans (1:5.000). Whereas

the land use and local development plans identify specific locations such as open spaces, building land, transport areas or reserved areas; a municipal planning programme might specify in more general term that a particular local authority area should be used for housing, industry, recreation, etc. More detailed planning is then left to the land use and local development plans.

Range of tiers at which planning for aggregates take place The land use planning framework for aggregates in Austria (aggregates planning policies) is based at different planning levels. Tiers of government and their planning functions: government in Austria operates on a four tier system: National Federal Governments, Provinces (9 in total), Districts and Communities. These governments on different level are responsible for the objectives and actions related to aggregates planning – in terms of the case study areas (see table 5). The significant planning instruments (hierarchically regulated), are shown in table 6. Table 5: Levels of land use planning and the planning instruments – relevant for case study area

Planner Principle of law Responsibility Instruments Scale

Federal government Austrian Mineral Resource Development of the whole of Austria Austrian Mineral Resources Plan Plan and its parts, coordination of spatial Framework of regional planning important measures

Province Styria Land Use Planning Law Superordinately planning for a Framework of regional planning 2010 regional development in concordance with environmental planning Development program/plan 1:500,000

District Regional development Setting up of regional goals for Development program/plan 1:50,000 regional plans and for the Regional Development program development of districts and all LEIBNITZ 2009 planning and measures in the planning area; Regional Development program 1:25,000 DEUTSCHLANDSBERG 2005

Local authority Local authority management Regulation of building and any other Local Land use conceptions 1: 10,000 use of property in the local authority’s For instance, development plans of 1: 5,000 area of responsibility (with the goal municipalities TILLMITSCH AND of) aiming at a structured urban ST. VEIT AM VOGAU, development considering aggregates planning (zoning plan) 1: 1,000

Building plans

In the following a short overview is provided, i.e. related to aggregates planning at national level, provincial, district (regional) and local level.

6.2 Aggregates planning at national level As mentioned, regional aggregates planning in Austria is linked to aggregates planning policies at national level, thus a short overview is provided. Mining information system (“BergIS”) Within the scope of the Mining Law novella of 2001, the Federal Minister for Labour and Economy is obliged to develop a mining information system based on geo information system technology (so called “BergIS”), to keep markings and general maps as well as to transmit the required BergIS data to the provincial authorities. These should vice versa transmit data to the Federal minister.

Austrian Raw Mineral Resources Plan Within the scope of the Mining Law novella of 2001 the Federal Minister for Labour and Economy is obliged to carry out a national raw material plan.15 The reason for this project is the fact that “Austria itself produces a considerable part of raw material. At the same time the aspects concerning problems with the raw material supply are dealt with. The increasing extension of settlement area as well as the authorised wishes of the population regarding the environment often leads to conflicts between raw material securing and land use planning”. The Austrian Mineral Resources Plan takes a significant role in the mineral planning policy.16 As it plays a central role for the raw material protection and likewise for the procedure efficiency17 in Austria. This was to document the deposits of minerals needed nationwide and should create the basis of a nationwide mining plan, which should be established according to the specific needs of the federal countries and communities. The project emphasized that Austria has a substantial domestic production of raw materials. Conflicts of aims between resource protection and environmental respectively spatial planning should be harmonized. The whole purpose of Austrian Mineral Resources Plan18 is to identify raw material areas objectively and to protect them after conflict resolution and considerations of nature conservation and environment protection, ground water protection and other entitled claims to the open space in the spatial planning, so that these can be used without contradiction in the future. 19 The complexity of the Austrian Mineral Resources Plan has required a division of the works in two phases. The primarily involved working groups estimate duration of three years for Phase 1, for Phase 2- planning relevant for the federal countries - two years were assumed; however, at least the results of the Austrian Mineral Resource Plan were published in June 2010. The activities concerning the Austrian Mineral Resources Plan have thus made a fundamental contribution to sustainable resources management for an adequate modern mineral policy.20 Aim of Phase 1 of the Austrian Mineral Resources Plan was to determine the resources available in Austria on the basis of the Raw Material Supply Concept 1981. For that purpose different working groups were established. The major task of the Working Group 1 (geology) was the documentation of raw material deposits (construction raw materials, ores, industrial minerals, energy resources), as well as the compilation of specific geological base maps („Lithological maps“). The Geological Survey of Austria (GBA) was responsible for the compilation of maps/data related to aggregates. The deposits of ores, industrial minerals and energy resources were worked up by the Federal Ministry of Economics and Labor (BMWA) together with the Technical Committee for the deposit research of the Mining Association in Austria (BVÖ). In Working Group 2 (Mineral Economy) raw material economic and technical mining issues were treated in individual sections under the auspices of the Institute of Mining Engineering of the University of Leoben (MUL), together with the BMWA. 21 Working Group 3 (GIS application) under leadership of the BMWA had to revise the results of Working Group 1 by use of GIS and to compile a map appropriate for conflict. In Phase 2 the determined resources from Phase 1 were translated into planning in cooperation with the federal countries like the province Styria. That is, the mineral potential zones identified in Phase 1 were plotted digitally on maps together with such land use plans that oppose or prevent mining activities. An optimal

15 “Austrian Raw Material Plan 2001”; Mining Law, novella of 2001: resolution on application (“Entschließungsantrag”). 16 In the course of the Amendment to the Raw Material Act 2001 the National Council agreed to a resolution in which the Federal Minister for Economic Affairs and Labour was appointed to develop an "Austrian Mineral Resources Plan" in reasonable time. 17 Maier, A., Weber, L. (2008): Der Österreichische Rohstoffplan, in: Sorger, Veit [Hrsg.] [et al.]: Herausforderung Verwaltungsreform: Best Practice Beispiele für eine effiziente Verwaltung. Wien: Industriellenvereinigung, 2008 (The Austrian Raw Materials Plan, in: Sorger, Veit [Ed] [et al.]: Administrative challenge: best practice examples of efficient management. Vienna: Austrian Industry, 2008) 18 Weber, L. (2007a), l.c. Weber, L. (2007b): The Austrian mineral resources plan, World of mining - surface & underground, H.6, p. 442 – 452. 19 Mining companies must be enabled also in the future to exploit outside of mineral protection areas where this appears necessary and where legal and other relevant conditions allow mining activities. 20 Moreover, the fact should not be ignored that in certain regions of Austria even some surface minerals like sand and gravel might run short, as a consequence of insufficient public awareness and above all because of “over-planning” of the natural space. 21 Weber (2007a), l.c.: Moreover, the fact should not be ignored that in certain regions of Austria even some surface minerals like sand and gravel might run short, as a consequence of insufficient public awareness and above all because of “over-planning” of the natural space.

solution is reached if the distance from producer to consumer is no more than about 30 km, and reserves last for at least 50 years.22 Consequently, areas with restrictive or obstructive land use planning were cut out of the potential mining zones that had been determined by system-analytical methods. These include in particular areas designated as building areas (100 respectively 300 m distance from buildings according to mineral resources law), Water Act-protected areas, nature reserves and NATURA 2000 areas.

6.3 Aggregates planning at provincial level

6.3.1 Land Use planning Law of Styria Land use planning is legally put into practice by the land use planning laws of the provinces. The legal bases for regional planning (i.e. provincial) are the provincial policy (physical planning) laws of the provinces. These laws lay down the requirements for land use plans and local development plans. Provision for ensuring supplies of raw materials varies depending on the land use planning laws of the province concerned. The general structure of the Land Use Planning Law of the province Styria is divided into: goals and principles, regional planning, and local development planning. Catalogues of planning goals and planning principles can be found in every land use planning law. These are binding for the planning authorities. Planning goals define the spatial development aimed at (images, models) the “nominal condition” of the area. Planning principles, on the other hand, are instructions on how these goals are ought to be reached. In this sense the provincial legislator reconsiders specific criteria concerning natural resources: Spatial-geographic structure Number of inhabitants Securing of the long-term development of the economy Situation of agriculture and forestry Disposal of sewage, waste Creation of recreation areas Significance of tourism

6.3.2 Regional Planning level A region can be defined as “a geographically defined part of an overall area of middle size which can be seen as belonging together”. Therefore a region is part of a province which extends over several municipalities (likewise the districts of the case study area “LEIBNITZ” and “DEUTSCHLANDSBERG”). Regional planning usually includes the concept of multidisciplinary planning (i.e. water supply, agriculture and forestry, nature conservation, settlements and industrial development). If regional interests overweigh, binding usage limits (areas with priority) can be determined, for instance limits for settlement extension, areas with priority for agriculture, for nature preservation, furthermore areas with priority in order to secure mineral raw materials supply. Elementary meaning of regional planning concerning the raw material issue The step of regional planning is especially important for the regulation of the raw material affairs. With the help of precise statements, regional plans (based on the province development programs) determine the regional goals of the land use planning for the development of single regions (districts, i.e. likewise the districts of the case study area “LEIBNITZ” and “DEUTSCHLANDSBERG). A regional land use plan designed for the extraction and protection of mineral resources has to contain a precise planning depiction and a textual statement. The textual statement included in the plan has to define the term “raw material priority zones”(as it is done in the regional development programes of LEIBNITZ and DEUTSCHLANDSBERG) so that these

22 It was tried in several test areas in “Lower Austria” (another province of Austria), to evaluate the demand of the next 50 years considering demographic development, specific regional consumption of gravel sands, possible raw material consuming infrastructure projects, ("Model Lower Austria").

areas serve the purpose of extraction in the parts of the planning area, in which the extraction of minerals should be guaranteed, while carefully considering the medium and long term mineralresource demands, and the limited availability of mineral resource deposits (respectively matters of restoration). With imbedding the mineral raw material issue into regional planning, the awareness of the planning principles described above would follow. Methodically speaking, positive as well as negative planning could be used. Negative planning means limitation of the planning by excluding certain usages. Concerning our issue this method has a disadvantage because a sustainable raw material supply, i.e. a programmatic securing of raw material areas with priority, is not possible. When using the method of positive planning, the fields of other usage priorities reduce deposits that are worth extracting and the remaining fields become raw material areas with priority. The advantage of this method is the fact that the authorities can go in for a concrete raw material policy. A problem of the positive planning is the land speculation, which can occur.

6.3.3 Local Planning Level Body responsible for the spatial planning at the local level is the local authority (Article 118, Paragraph 3 Constitutional Law, “Bundesverfassungsgesetz B-VG”). Planning instruments of the spatial planning at the local level are the following: Local development concept The local development concept forms the model of the spatial-functional development of the municipality that is aimed at a calculable period of time of ten to 15 years. It is furthermore the basis for the land development - respectively building plan. It further includes the determining and evaluation of the effects of regional usage demands for the development of the municipality. This instrument shall especially deal with the following aspects: The position of the municipality in the region; Identification of ecologically significant areas, identification of areas with priority for agriculture, recreation areas; Determination of the economic development aimed at, divided into economy sectors: Agriculture and forestry, Industry, Services, Functional division of the building area, Identification of required main roads. Zoning plan The zoning plan has to specify the goals and measures that are determined in the local development concept in the way of assigning a binding dedication to every plot of land. The zoning plan is drawn up on a scale of 1:5,000. Zoning plan and procedures: Concerning regulation of the interests of the spatial planning at the local level in the Mining Law, see section 8). The functions of the zoning plan are explained in the following: Development function Because of the identification of certain dedications, possibilities of the development of the municipalities are built. At the same time development chances for the future should be left open, especially the securing of unused areas such as ecologic areas with priority for agriculture or recreation. Ordering function Potential conflicts in the future of single area usages should be realized at an early stage and should be solved by a corresponding division of the municipality area. Within the scope of the raw material issue an enormous “urban sprawl” of deposits respectively extraction sites is recognized (general fact in Austria but also true in the case study area, see figure x). This development can be drawn back to the lack of raw material site planning of the government in the past as well as the in-deficit soil policy of the province and the municipalities. The Control of Mineral Extraction within local Development Plans Provincial plans lay down the uses of areas in general terms such as building land, open spaces, infrastructure and reserved areas (i.e. areas for public use, such as schools, hospitals or playgrounds). Local development plans provide more detailed specifications (e.g. height of construction, alignments, spacing, types of development, etc.). As far as mineral extraction is concerned, the most important plan is the provincial/regional plan, since this will show the preferred areas for mineral extraction. The (local) development programme plan for the LEIBNITZ area covers, amongst others, the following subjects: Agricultural priority areas, forest areas, ecological priority areas and aggregates priority zones (e.g. Tillmitsch and Vogau).

Figure 28: Local land use plan of the communities ST. VEIT and VOGAU, including sand and gravel pits marked with an “X”.

Figure 29: Detail of the local land use plan community St. VEIT, including sand and gravel pits (surrounded with a red line) and lakes resulting from wet extraction (blue)

Figure 30: Detail of the local land use plan community VOGAU, including sand and gravel pits (surrounded with a red line) and a lake resulting from wet extraction (blue)

6.3.4 Method for integrating SARM and SEE in land use planning Conflict resolution mechanism is one of the key issues in land use planning discussions. The sustainable management of intensively used areas in Styria is seen as an example of conflict resolution mechanism. The Styrian Land Use Planning Law regulates the securing respectively the improvement of the spatial requirements for an efficient economy. One aim is to keep raw material areas save from usages, which prevent the extraction of those raw materials. On the basis of the Styrian Land Use Planning Law development plan can be issued by decrees: in that regard the Regional development plan for LEIBNITZ and DEUTSCHLANDSBERG is of relevance. The aim of these plans is a systematic and concentrated exploitation of aggregates, which are worth exploiting as well as the securing of the systematic successive use of the exploitation area under consideration of the development of the whole area. To planning phases have to be differentiated: Project Minerals Supply Styria in the 1980er and 90er years (“Project Rohstoffsicherung Steiermark”) and the second phase which is based on the development of Austrian Minerals Resource Plan (2002-2010). Project Minerals Supply Styria in the 1980er and 90er years Based on the Styrian Land Use Planning Law23 the “Development Program regarding Energy and Raw Materials Supply”24 was issued in 1984 and finished in 2009. It provided a raw materials strategy aiming at a

23 „Steiermärkisches Raumplanungsgesetz 1974“, LGBl. Nr. 127/1974

sustainable aggregates supply based on primary and secondary aggregates. Moreover, it provided a provincial wide research program called “Studies on the geological Potential of Styria”25, resulting in maps and indicating mineral deposits of aggregates and their quality. Based on these maps, designated “raw materials priority zones” were indicated and implemented in regional and local land use plans by the competent authority. This mapping system has also been applied in the districts “LEIBNITZ” and “DEUTSCHLANDSBERG”. The approach has followed the idea of thematic-analytical methodology. The general aim has set up an open and flexible system that makes it possible to apply different criteria for the evaluation process. An open system allows new and different kinds of information to be added as they become available. As it is well known from many similar examples, the favourable material properties of lowland deposits coincide with high quality but shallow groundwater tables. In the case of Styria these drinking-water reservoirs support many settlements along the river valley with freshwater. In addition, agriculture features are another important aspect of land utilization. Spreading settlements and infrastructure put pressure on it. To take the edge off this conflict, numerous investigations have been carried out in these areas, with the aim of providing decision support for planners. On behalf of the Styrian government, Joanneum Research developed an effective methodology for assessing the conflicts that might occur over mineral extraction. The core of this procedure is the utilization of various thematic maps, so-called natural potential maps, where certain information has been purposely selected and overlapped, with respect to, and serving the interests of, raw-material extraction. The thematic overlap of different forms of utilization identifies certain conflicts, which are ranked according to their priority and then resolved. Based on the findings of the evaluation scheme, the government came up with a regional development programme for the northern part of the Leibnitzer Feld (in the 1990er), which comprised the extraction, restoration and potential for after-mining activities, set down in a regulation. Thus, the initial ambitions could be summarized as making provision for raw-material extraction, to protect high-quality drinking water and avoid utilization conflicts. The assessment procedure includes the following steps in evaluating: All relevant utilization structures The hydrological situation Superficial miner deposits A set of thematic maps has thus been obtained containing significant information and parameters for planning. Based on these settings, so-called “positive and negative areas” regarding raw-material extraction have been identified and form the basis for decision makers. The concept and method used in the preparation of the maps was governed by two overall goals: first, to develop a system for planners which would be transparent and flexible to allow for the input of new information and, therefore, to identify new products; secondly, to provide a basis for other planning uses in order to make the map system as versatile as possible.

24 „VO Entwicklungsprogramm für Rohstoff- und Energieversorgung“, LGBl. Nr. 29/1984 25 „Geogene Naturraumpotentialerhebungen Steiermark“

Figure 31: Methodological procedure – raw-material extraction and land use planning (source: Untersweg, 1991)

Applied Planning Method within the frame work of the Austrian Mineral Resource Plan Analyses, evaluation and indication of raw material priority zones in the Regional Development program “LEIBNITZ” 2009 and Regional Development program “DEUTSCHLANDSBERG” 2005 is based on the former developed conflict resolution mechanism and results as applied in Styria in the 1980er and 1990er (as just described, seed figure 31) and moreover based on new data (i.e. geological [quantity, quality] and mineral economical related issues) generated from the Austrian Mineral Resources Plan (2006). Analysis and determination of the spatial definition of raw material priority zones is based on the following steps: 1. Exclusion of mining prohibition areas according to provisions of the Mining Law (Article 82): housing development area (including centre area) and a 300m clearance, further building land, water protection areas and protected areas; 2. Conflict resolution with relevant surface claims as agricultural priority zones, green zones) and restriction related to other laws (water bodies and forests areas); 3. Conflict resolution with the local land use planning, flood water flow areas and planning of road transport projects. Existing (i.e. permitted) deposits/sites are not defined as raw material priority zones (eg diabase deposit in OBERHAAG). Raw material priority zones are large consistent/concentrated areas. However, it has to be stated that the implementation of designated mining areas (probably) is not based on aggregates market analyses, material flow analyses respectively any forecast of the demand issue.

Figure 32: Planning methodology priority zones raw materials (source: Department of the Styria state government, 2009)

Suitability aggregates zones type 1 & 2 (related to Austrian Mineral Resources Plan) with regional / interregional relevance

Selection of areas of exploitation prohibition in accordance with the Mining Law

Conflict resolution of further Laws and area claims of (supra) regional importance

Consideration of local planning and development

Raw materials priority zones

Examples aggregates priority zones “TILLMITSCH” and “VOGAU” Table 6 and figure 33 is listening different issues in terms of the selection/indication process i.e. determining aggregates priority zone “TILLMITSCH” (considering environmental conflict potential). The following institution has been involved: government (i.e. different experts), concerned municipalities, stakeholders, etc. (APPLIED SARM).

Table 6: Raw material priority zone - TILLMITSCH (source: Department of the Styria state government, 2009) Protected property Indicator evaluation explanation Population Population concerned - Impact for the population due to access to housing area Human health Proximity to housing area O proximity to nearest housing area about 200 metres Development and access O Development through the L26602 via Jöß to the A9 (Exit Lebring) and via L602 and B74 to A9 Exit Gralla possible Immission, noise and dust - Impairment because of passage via Jöß (Exit Lebring) or via Kaindorf an der Sulm (Exit Gralla) to the A9 Phyrn mo torway Biodiversity / Flora and Fauna NATURA 2000 O no NATURA 2000 protective area Protective areas O no protective area Biotopes - Mixed forest habitats on the areal, but not as habitat areas according BIODIGITOP defined; conflict due to low forest areas in the Leibnitzerfeld; protective area along river Laßnitz, adjacent to this zone. Ecological Corridor / O Corridor function between Mur meadows and Laßnitztal, Wildlife corridors ecological population exchange Ground floor Consumption of areas - Area about 32 ha, however, focus on a defined area of the gravel deposit Hazardous sites / doubtful areas O Contaminated site according ALSAG north of the priority zone Water Water protection area / water - Located within the further water conservation area conservation areas "Leibnitzerfeld West" Retention and effluent areas O no retention areas Air / climatic criteria Cold air production areas, O no Cold air production areas, Fresh air corridors Fresh air corridors Contaminated area according IG-L - lies within redevelopment area according IG-Luft Asset value Infrastructure / routes (energy means O no impairment of infrastructures etc.) Cultural Heritage Discoveries / suspected areas O no discovery sites / no suspected areas Townscape conservation O no townscape conservation Landscape Landscape conservation area O no Landscape conservation area Subareas (Repro §3) - sensitivity - Valley floors and basins mainly for agricultural use

O neutral / no impact on the protected property - negative impact on the protected property

26 Regarding the following tables and figures, L: indicates highway.

Figure 33: Raw material priority zone - TILLMITSCH (source: Department of the Styria state government, 2009) Brief account · Situated north of Tillmitsch, between river Laßnitz in the west and the highway L602 in the east. · Community Tillmitsch Impairment/impact of protected areas/property: · The acreage is 32 ha (i.e. aggregates priority zone). · The raw material priority zone is located entirely in the water conservation area "Leibnitzerfeld West - Tillmitsch" · The IG27-priority zone is within polluted areas according to IG-air. · Ecological corridor – interconnection between (river) Mur meadows and green zones of the river Laßnitz

Detail Regional Plan Orthofoto (Sept. 2006)

Required compensation measures (after/besides extraction of aggregates): · Creating a landscape plan, particularly in terms of re-use by agriculture & forestry (Reclamation), · maintenance / restoration of adequate areas for ecological population exchange (ecological corridor with regional importance). · Protective and compensatory measures concerning water conservation area · Reforestation after forest clearance · Direct connection / access of the area to the highway L602 · Note: the term “problem site” is focussed on waste materials from former industrial activities but not related to aggregates activities.

Table 7 and figure 34 is listening different issues in terms of the selection/indication process i.e. determining the aggregates priority zone “VOGAU” (considering environmental conflict potential). The following institution has been involved: government (i.e. different experts), concerned municipalities, stakeholders, etc. (APPLIED SARM).

27 IG: in relation to Emission Control Act – Air; see section 8.2 , list of additional laws.

Table 7: Raw material priority zone - VOGAU (source: Department of the Styria state government, 2009)

Protected property Indicator evaluation explanation Population Population concerned - Impact for the population due to road access through housing area (settlement in the “Landstrassenviertel”) Human health Proximity to housing area O proximity to nearest housing area about 300 metres Development and access O Development through the B67 to the A9 Phyrn motorway, Exit Vogau Immission (noise and dust) - Impairment because of passage via the “Landstrassensiedlung” to the A9 Phyrn motorway Biodiversity / Flora and Fauna NATURA 2000 O no NATURA 2000 protective area Protective areas O no protective area Biotopes O no biotopes Ecological Corridor / O no corridor function Wildlife corridors Ground floor Consumption of areas - Area about 10 ha, however, focus on high grade gravel deposit/- reserves Hazardous sites / doubtful areas O no hazardous sites / no doubtful areas Water Water protection areas / water O no water protection areas / no water conservation areas conservation areas Retention and effluent areas O no retention areas Air / climatic criteria Cold air production areas, O no cold air production areas / Fresh air corridors Fresh air corridors Polluted area according IG-L - lies within redevelopment area “Mittelsteiermark” according IG- Luft Asset value Infrastructure / routes (energy means O no impairment of infrastructures etc.) Cultural Heritage Discoveries / suspected areas O no discovery sites / no suspected areas Townscape conservation - no townscape conservation, however within sight of the pilgrimage church of St. Veit am Vogau Landscape Landscape conservation area O no Landscape conservation area Subareas (Repro §3) - sensitivity - Valley floors and basins mainly for agricultural use

O neutral / no impact on the protected property - negative impact on the protected property

Figure 34: Raw material priority zone - VOGAU (source: Department of the Styria state government, 2009)

Brief account · Situated east of the settlement area of the municipality Vogau, is adjacent in the north-east to the A9 Phyrn motorway. · Community Vogau

Impairment of protected areas/property: · The acreage amounts to about 10 ha (i.e. aggregates priority zone). · The IG-priority zone is within polluted areas according to IG-air. · No impairment of sensitive areas (protected areas) given. · Impairment of the resident population by access road through the settlement Detail Regional Plan Detail Orthofoto (Sept. 2006)

Required compensation measures: · Creating a landscape plan in case of aggregates extraction with appropriate measurements · Re- use based on agriculture & forestry (land restoration) after exploitation, · no access road via St. Veit am Vogau to the A9 Phyrn motorway.

7 Environmental and Social Responsibility As discussed in section 2, environmentally and social issues are important elements of SARM, i.e.: Minimize societal impacts and maximize societal benefits – by forward planning that separates incompatible land uses (as discussed in section 6); by creating community benefits for areas impacted by aggregate development; and by involving the local community in planning activities, expanding community awareness, and outreach. Minimizing societal impacts may lead to community acceptance and a ‘social license’ to mine, which can be just important as the legal permits. Minimize environmental impacts – by following best management practices and employing management system to identify and control potential impacts from aggregate extraction and processing; and by providing for conservation of natural surrounding by management of buffer areas that maintain or enhance vegetation. Maximize rehabilitation of disturbed areas – by reclaiming abandoned sites; by allowing for reclamation as an integral part of the quarry/pit design process; by following progressive, segmental, or interim reclamation process where possible; and by being flexible enough to allow for advances in technology and changing local needs.

7.1 Sand and gravel pits Extensive impacts on the environment in the case study area are not reported.28 Thresholds of emissions of noise, dust, etc. such as vibrations have to be adhered and are frequently controlled by the competent authority and operators. Noise protection barriers are installed in order to minimize the emission of noise and dust during the production of sand and gravel. The monotone noise of the processing plant, especially the screens, is often regarded as disturbing. New processing facilities general are encapsulated and avoid the emission of noise and dust. The fines which are washed out during the processing are generally pumped back in the ground water lakes. Parts of deposits which cannot be used (overburden) are used for reclamation or to create noise barriers. A challenge however, is the transport issue. As mentioned, sand and gravel pits are located in densely populated areas. Transport causes vibration, noise and dust which often can not easily be avoided. Operators are searching for adequate routes to minimize the conflict potential (i.e. number of neighbours affected). This often results in increasing transport distances.29 Thus, improvements in terms of logistic, transport concepts will be crucial for the future aggregates supply and management – this should be done in close cooperation with the municipality (as also required from the Mining Law [Article 80, see below]). Issue extraction of aggregates below the water table As mentioned in chapter x, sand and gravel deposits are located within water protecting areas. Impacts of the extraction of sand and gravel below the water table are complex and controversial discussed in Austria. The district Leibnitz has a lot of lakes resulting from former wet extraction. Sand & gravel production in surrounding municipalities in densely populated areas is/was a fact. Problems result mostly from complaints of neighbours. Figure 35 indicates how aggregates extraction can be restricted: Lake 1 and 2 result from former wet extraction, the area surrounded with a red line between the lakes is owned by the operator. Since the community dedicated the costal area of both lakes as building land – vacation homes (pink area), the area between can not be extracted under consideration of the Mining Law, which requires a 100 to 300 m buffer zone between extraction areas and recreation areas.

28 Information received. 29 Information received.

Figure 35: sand & gravel extraction - restricted area (red line)

Figure 36: Lakes resulting from wet extraction, communities LANG and TILLMITSCH

Objectives of the Regional Development Program LEIBNITZ 2009 in terms of SARM Operators have to face frequent complains due to the lack of social acceptance of sand and gravel extraction within the public.30 Therefore a stronger coordination between the operator and communities regarding the after use of aggregates sites would be desirable, which may lead to increasing social acceptance of aggregates extraction. The Regional Development Program “LEIBNITZ” (Regulation No. 76 of 2009 [LGBl. Nr. 76/2009]) is considering this issue on page 60, Re-use of the mining areas as follows: The orderly re-use of the mining areas is a central concern of land use planning since such use includes the longest period (in terms of supply chain). The nature of the subsequent use must be made according to the sensitivity of the surrounding area. To use significant development opportunities, it is necessary to already take into account during the permit application of mining projects the organizational / economic conditions besides the technical requirements. Nowadays, reclamation and after use plans are part of the application to get a

30 Information received.

mining permission (”Gewinnungsbetriebsplan”)31 and have to be approved by the competent authority. The operator is responsible for the implementation of after use plans. Planning, management and the reuse of raw material mining areas in the Northern Leibnitzer Field must be based on programs and concepts provided from the provincial government (Article 3 (8) Regulation, page 9). As in 2001, the Regional Development Program LEIBNITZ (2001) provided clear guidelines for the re-use concept "Development Program Mining Area Leibnitzer Feld West". The objectives of the development program include the protection of an orderly re-use in the sand and gravel area of the municipalities Lebring- St.Margarethen, Lang and Tillmitsch considering the legal framework and the utilization claims of communities and landowners. The groundwater protection has the highest priority. Other important goals are the orderly exploitation and re-use of raw materials, the rehabilition of the extracted zones as well as the creation and sustainable security of small structured, species-rich and regenerative living spaces (p 61). Currently, this concept is being evolved. The different utilization claims shall be discussed and a master plan shall be developed with wide co-operation of the communities, authorities, operators and property owners (applied SARM). New re-use concept of sand and gravel extraction area of LEIBNITZ The sand and gravel extraction area of the northern part of LEIBNITZ is marked for decades by exploitation of raw materials, which was based on individual licenses without coordinated master plan. However, due to declining extraction activities recreational uses such as fishing, bathing occurred. The few or none coordinated single solutions caused repeatedly conflicts of interest in the concerned area (primarily between minerals extraction and recreational use). As a result high reuse potentials of the area remained up to now, mainly unused, in spite of the nearly completely use of the raw material potentials. The new reuse concept provides possibilities of recreational uses such as walking, cycling, fishing, nature observation, as well as intensive use of swimming, if an appropriate infrastructure will be developed (see figure 37). For implementation of the new reuse concept a regional initiative is needed which should be discussed by the concerned municipalities, mining operators and at least partly by the landowner.

31 Austrian Mining Law, FLG I No. 38 of 1999, Article 80

Figure 37: New re-use concept of sand & gravel pits (source: http://www.freiland.at/projektedarstellungsolo.php?id=202 )

7.2 Hard rock quarries Extensive problems in relation to the environment are not reported.32 Most of the quarry operators within the case study area are in close contact with their neighbours to avoid or minimize the conflict potential. Quarries mostly are excluded from the public view due to the application of well designed extractive methods that lead to a visual protection barrier (coulisse) and permanent reclamation. To avoid high vibrations during production process, in general small volumes of rock were blasted. Rock waste (overburden) usually is dumped inside the quarry area and used for reclamation. The OBERHAAG diabase quarry requires an extern dump making neighbouring farmers land arable.

32 Information received.

Figure 38 : OBERHAAG quarry (source: Schartner, 2009)

Codes of practice for a sustainable development are known for the RETZNEI limestone mine, which is part of the LAFARGE-group. Fines of the RETZNEI limestone quarry are used in the production of cement. The RETZNEI limestone quarry recently joint a program called World of Economy (“Erlebniswelt Wirtschaft”) initiated by the provincial government and Chamber of Commerce scheduling open days (managed by an extern advertising company). A citizens’ initiative serves as information exchange platform between quarry operator and concerned neighbours. At the OBERHAAG diabase quarry frequent meetings with neighbours are organized to discuss different issues. Additionally a natural trail was established in cooperation with the local Tourism Association, providing geology knowledge, deposit information. A public observation provides a good view on the quarry (figure 1). Diabase quarry operator sell the fines as fertilizer for agriculture, whereas those of the Weitendorf basalt mine is sold as sand.

8 Legal and Administrative Framework

8.1 Sustainable Supply Mix – legal issues The term “Sustainable Supply Mix” (SSM) is related to primary aggregates resources (i.e. securing the access to land) and secondary aggregates resources (i.e. supporting recycling). It implies a well-balanced “supply- offer” of sources. In the following, SSM-policy and related issues are discussed.

8.1.1 Securing the supply with primary aggregates Land Use Planning Law – Regional Development Program (Regulation) As mentioned, the main legal basic is the Land Use Planning Law of the province Styria. Article 3 (2) 6 of this law is focussed on: “[…] keeping free of areas providing inter-regionally significant raw material resources”. This (legally binding) specification is considered in the Regional Development Program „LEIBNITZ“33 and Regional Development Program „DEUTSCHLANDSBERG“.34 Both development programs are in the same way structured. Also analyse, evaluation and indication of raw material priority zones is done in the same methodological way. The accompanying Regional plan of the Leibnitz Development Program designates/indicates raw material priority zones with an extent of 42 hectare (0,1 % of the whole district area). The accompanying Regional Plan of the DEUTSCHLANDSBERG Development Program designates/indicates raw material priority zones with an extent of 340 hectare (0, 4 % of the whole district area). In the following only the structure, objectives and actions related to aggregates of the Regional Development Program „LEIBNITZ“ will be discussed. The Regional Development Program „LEIBNITZ“ Regulation (R) No. 76 of 2009 is divided into 4 sections (pp 7): Table 8: Structure of the Regional Development Program LEIBNITZ 2009 · Section 1: General provisions o Article 1 scope of regulation · Section 2: Objectives and actions o Article 2 Objectives and actions related to the planning region o Article 3 Objectives and actions related to different parts the planning region · Section 3: Spatial determination o Article 4 tasks of municipalities o Article 5 priority zones o Article 6 local settlement center o Article 7 Regional Plan · Section 4: Final provisions

Section 3 – Spatial specifications Article 2 (8) Regulation, Objectives and actions related to planning region “Leibnitzer Feld” Planning and development of mining areas including reuse of these areas in the “Northern Leibnitzer Field” has to consider the programs and concepts of the country (Styria).

33 Regionales Entwicklungsprogramm der Planungsregion LEIBNITZ, Verordnung, LGBl Nr. 76/2009 34 Regionales Entwicklungsprogramm der Planungsregion DEUTSCHLANDSBERG, Verordnung, LGBl Nr. 29/2005

Objectives and actions related to part of areas of the planning region “Leibnitzer Feld” (Article 3 Regulation) Article 3 is basically excluding extraction aggregates in the following zones: (1) Mountain area mainly for woodland use (2) Outer Alpine Hill Country: The extraction of aggregates outside of the raw material priority zones is not permitted, except extension of existing (landscape compatible) operations. (3) Outer Alpine Forests and Lowland Forests The extraction of aggregates outside of the raw material priority zones is not permitted, except extension of existing (landscape compatible) operations. (4) Valley floors and basins mainly for agricultural use Further segmentation of agriculture areas is to avoid. Groundwater occurrences of over regional importance for water supply needs to be protected (that concerns usually most of the sand and gravel deposits below the water table). Article 5 (2) Regulation - Priority zones Article 5 (2) is defining the term “raw material priority zones” and other issues. Raw material priority zones are focussed on protection of significant regional and supra regional deposits of raw materials. Within the scope of purpose of this Regulation following stipulations are applied: Other kinds of usages can only be set if they do not impede or prevent the future exploitation of mineral raw materials. This also applies to 300-m zones around raw material priority zones. As regards extraction of aggregates in raw material priority zones, there should be appropriate traffic infrastructure provision guaranteed - as far as possible avoiding housing areas. Indication of raw material priority zones Based on provisions (i.e. Article 1- 7) ) of the respective Regulation, raw material priority zones has been analyzed, evaluated and indicated in the accompanying Regional plan (Article 7, see figures 17 und 18). The following facts and trends are considered: Considering the cost and environmental impact of transport and the very high consumption volume, extraction of aggregates of consumer near sites is not possible without consequences. The extraction of aggregates, however, leads - even if technically, environmentally, legally and economically properly conducted - inevitably to at least temporary impairment of the environment, neighbours. Significant strain is accompanied with the transportation of aggregates from the mine sites to the consumer/market. On this occasion, it is notable that the decrease of extraction sites inevitably leads to an increase in transport distances and thus to increased environmental impact. Thus, while 40% of transported goods in Austria (tons) are mineral raw materials, these contribute only about 18% to the relevant environmental impairment transportation volumes (tons / km). A significant increase in transport distances hence carries the risk of a sharp increase in these values. Altogether this indicates a conflict potential in terms of tourism development, landscape, water pollution control and to existing settlement areas. To ensure an orderly/properly extraction of aggregates, to minimize impact on population and environment, it is required to keep free an appropriate distance (300m areas) to the aggregates extractive sector. Selecting of raw material priority zones has to be seen in close connection with the provisions of the Mining Law (federal jurisdiction). Thus, extraction of aggregates - approved by the Mining Law (as national law) - can also be carried out in areas which are not defined as raw material priority zones in the regional development program. The identification of raw materials priority areas in the Regional Development Program Leibnitz is based on the results of the Austrian Minerals Resource Plan (BMWJF, 2002-2010) and the project “Safeguarding resources Styria” (1980er/1990er). As mentioned in section 5, the respective raw material priority zones have been examined/evaluated and confined according to their quantity, quality, value and the potential conflict potential (of other laws, including the Forest Act, the Nature Protection Act, etc. and because

of their proximity to sensitive building land), and moreover has been ultimately subjected to a conflict settlement with other priority surface claims (green zones, etc). Summarized, raw material priority zones include high quality deposits and/or have relatively low (expected) conflict potential related to other potential uses (i.e. minimization of environmental impact) and are of interest of the country Styria. These zones have to be protected: The task of the Regional Development Programme in this case is to keep these areas free of usages which can hinder/mitigate the extraction of aggregates. Two priority areas (community Tillmitsch, District Vogau) with a total area of about 42 hectare for sand and gravel are defined (that are 0,1 % of the whole Leibnitz district area). These sand and gravel fields of the "Leibnitzer Feld" are partly of economical importance beyond the local area. The protection of exclusively already approved mining areas is, therefore, not planned. In addition, the long- term protection of raw material deposits outside raw material priority zones will be realized implicitly by planning measures which include avoidance of building (especially in agricultural priority zones). The municipalities hereby have the option to define in agricultural priority zones so-called exploitation areas, according to the Mining Law. To minimize the conflict potential of aggregates extracting as much as possible and to develop concentrated mining areas, the extraction of aggregates is inadmissible in green zones respectively in the partial areas of "Outer Alpine Forests and Lowland Forests" (9 % of area of the Leibnitzer Feld) and "Outer Alpine Hill Country" (60% of area the Leibnitzer Feld).

8.1.2 Securing the supply with secondary aggregates Based on the Styrian Land Use Planning Law the “Development Program regarding Energy and Raw Materials Supply”35 was issued in 1984 and finished in 2009. This (ambitious) document provided a raw materials strategy aiming at a sustainable aggregates supply also considering and promoting secondary resources. It went out of force in 2009 without replacement. Unfortunately, the development program had no considerable impact on recycling activities. The question arises how the provincial legislation and the competent authorities could effective promote the recycling issue in future. On provincial level SSM can be indirectly influenced by fiscal measures such as fees. Fee makes primary aggregates more expensive compared with secondary ones. The provincial government of Styria is discussing this issue since nearly 15 years but never succeeded in implementing such a fee.36 Although sustainable supply mix is not explicitly mentioned in legislation, the Austrian Waste Management Law follows the principles of sustainability, i.e. it intends to achieve high recycling rates, to avoid waste and preserve primary resources.37 SSM can be supported especially by fiscal measures (for more details see WP3 Recycling-Questionnaire, Question 3.4d). Production costs for secondary aggregates resources are at an average level of 10-12 €/t compared with 5-7 €/t of primary resources. Market prices for recycled aggregates however, are about 5-7€/t. There are two ways to handle construction and demolition (C&D) waste: 1. C&D waste can be charged with a fee of 8 €/t for the government (“Altlastensanierungsbeitrag”) and an additional fee for the owner of the dump of about 5-10 €/t. 2. C&D waste can be directly delivered to the recycling plant including only costs of about 5-10 €/t (and no governmental fees).

35 VO Entwicklungsprogramm für Rohstoff- und Energieversorgung“, LGBl. Nr. 29/1984 36 Six of nine Austrian provinces have already implemented it: The provinces Lower Austria (landscape fee, “Landschaftsabgabe”), Carinthia, Salzburg, Tyrol, Vorarlberg (environmental protection fee, “Naturschutzabgabe”) and Burgenland (landscape protection fee, “Landschaftsschutzabgabe”) 37 Austrian Waste Management Law (Abfallwirtschaftsgesetz) 2002, Article 9.

8.2 (Further) Legal basics and permitting procedures As mentioned above, extraction of aggregates may happen in the raw material priority zones (of the respective Regional Development Program Leibnitz or Regional Development Program DEUTSCHLANDSBERG – both based on the Styrian Land Use Planning Law); this may also be the case outside these zones, particularly in agriculture priory zones (if the municipality agrees). In each case, the operator needs to apply for different licenses, permits (to be able to extract aggregates). However, permitting procedures may be more effective, when they are based on raw material priority zones (as these already have been analysed and evaluated in terms of competing utilization claims). Overview: The legal basics and its interrelated permission procedure are described in figure x. Applicants have to submit an application to the competent authority, which in case of aggregates mostly is the district authority. The content of the application is determined in the federal (e.g. Austrian Mining Law) and provincial law (e.g. Land Use Planning Law). In the following some issues will be provided related to the Mining Law and other relevant laws regarding aggregates industry (note: land use planning legislation has been discussed in section 7.1).

8.2.1 Mining Law The primary legal basic of aggregates extraction activity is the Mining Law (‘Mineralrohstoffgesetz’) No. 38 of 1999 as amended by Law 115 of 2009. Exploitation plan for the surface extraction of landowner raw material (i.e. aggregates) – Application requirements (§ 80 [1] Mining Law):38 The application in order to get permission for the exploitation plan has to include: Description of the deposit, Information about the development of a deposit, Register of the property which concerns the mining activity, furthermore · Layout plan of the planned deposit (Measures to protect the surface and to protect the surface utilisation after terminating the mining activities included), · Information about further mining permissions, · Concepts about the transport of landowner mineral raw material (i.e. aggregates), which are announced by the located city according to their traffic principles, · Information about the emissions expected regarding noise and airborne dust (Further) Application requirements according to the Exploitation plan (§ 113 ML) The operator has to declare his plans to (explore and) extract raw materials to the authority; the announcement has to contain an exploitation plan with the following content according to § 113 ML:39 · Planning period of time of the mining intention · Description of the planned extraction and the transport of the raw material · The planned safety measures · Information about the emissions expected due to the extraction and statements to reduction · Description of the measures taken to protect the surface and to protect the surface utilisation after terminating the extraction as well as information about the costs for these measures

38 Aggregates (that means landowner raw materials) 39 According to Article 113 ML; Article 113 (1) applies to all raw material categories.

· Information about the expected utilisation of the open cast area Moreover, the permission of exploitation plans by the mining authority requires the following conditions (Article 116 ML):40 · The mining activities which are listed in the exploitation plan have to be approved by a mining permit. · No destructive exploitation of a deposit (i.e. the extraction has to correspond with the technical, economical and security technical requirements). · Dealing with the surface has to be economical and careful. · Measures to protect the surface utilisation after terminating the mining activities need to be planned. · Avoidance of emissions according to best technical standards is carried out. · No harm of life or health of people (as well as no unreasonable pestering) · No unreasonable harm to environment. · The production of waste should be avoided according to best technical standards. Consultation process The Mining Law states that, when considering an application for an extraction licence (for landowner’s mineral raw materials), the owner of the land must be involved in the process. The provincial authority also becomes a (legal/formal) consultee in so far as the application relates to land use planning, protection of the nature/environment, tourism or other aspects. One aim of this process is to ensure that the “public interest” is taken into account. This can also mean consulting other relevant authorities (e.g. in relation to transport, the environment, water). Exploitation plans (see above) may only be approved if the proposed measures are sufficient to protect surrounding property, the neighbours, the safety of people, and the environment as addressed in conditions. Particularly consideration of land use planning According to Article 81 Mining Law subjective party position is awarded to the provincial authority responsible for land use planning in the procedure to the approval of an exploitation plan for the open-pit extraction of landowner raw materials (i.e. competent authority at district level, first instance [Leibnitz, DEUTSCHLANDSBERG]; second distance will be the competent authority at provincial level [government]). § 82 Mining Law takes the local land use planning into account. The permission of surface exploitation of landowner raw material has to be denied by the local authority, if the zoning plan sees the concerned property as · development area for housing, · as nature conservation or landscape protection area, · as a national park, as a biosphere reservation, or as an area of common importance. The extraction prohibition area also includes properties which are situated at a distance of 300 m of the previously named areas, with the exception of the areas defined as nature reserves41. Nevertheless, an exploitation plan can be approved for properties within a 300 m zone of these

40 Article 116 ML applies to all raw material categories. 41 Nature conservation or landscape protection areas, national parks, biosphere reservations, areas of common importance, European bird protection areas or FFH-areas.

areas under certain conditions. Under all circumstances an exploitation plan is denied for properties within 100 m zone of these areas. Furthermore, public interest for the permission of an exploiting plan has to be proved. Raw material ensuring and raw material provision at regional level are of special importance. Length of Licences/Permits Exploration licences are granted for fixed periods of time; their period of validity may be extended under certain circumstances. In the case of land owner’s minerals, the period of validity of the extraction licence is decided in accordance with civil legal considerations. In most cases permits are valid only for a few years whilst processing and operating permits for mining installations usually remain valid for the period of the operations. Closure phase Under the Mining Law, operators are required to notify the competent authority of their intention to cease mining and to decommission plant. The mine closure plan has to include (§112 [2] and § 114 ML): · An exact demonstration of the technical realisation of the closing and securing operations. · Documents dealing with the securing of the surface in the interest concerning security of persons and things. · Documents dealing with the required precaution in order to make the surface usable again. · The significant geologic-deposits and technical documents. · A register of the mining maps. The mine closure plan has to be approved by the competent authority (§ 117 ML). Securing of the surface use after terminating the mining operations (§ 159 ML). The entitled person has to take measures to secure the surface use after terminating the mining operations. External properties which have been used for mining operations have to be put in their former or similar condition. Restoration Guaranteeing Funding for Restoration: Responsibility for carrying out and paying for restoration rests with the operator: The competent authority must ensure that restoration takes place as agreed. Normal practice is for the operator to deposit an agreed amount of money with a bank sufficient to secure restoration of the site. The relevant authority will check with the bank to ensure that this has been undertaken.

8.2.2 Other laws relevant for aggregates extraction Other laws relevant for aggregates extraction in the case study area are included in table 9. Table 9: List of Acts significant for aggregates extraction in the case study area

Name of law No. of law and year of issuing Land Use planning Law (Province Styria) Law No. 49 of 2010 Environmental Impact Assessment Act Law No. 89 of 2000 as amended by Law No. 2 of 2008 Immission Control Act - Air No. 115 of 1997 as amended by Law No. 70 of 2007 Waste Management Law Law No. 200 of 102, as amended by Law No. 54/2002

Name of law No. of law and year of issuing Gewerbeordnung Law No. 194 of 1994, as amended by Law No. 68 of 2008 Forestry Act Law No. 450 of 1975, as amended by law No. 55 of 2007 Water Act Law No. 215 of 1959, as amended by law No. 123 of 2006 General Administrative Procedure Act 1991 Environmental Information Law 495/1993 Nature Conservation Law Law No. 71 of 2007

Environmental Impact Assessment Act The combined authorisation for developments falling under the Environmental Impact Assessment Act is conducted by the provincial government for the area. Environmental effects are identified, described and evaluated by the environmental impact assessment already in the planning stage. Of importance is the integration of the general public environmental impact assessment process. Water Act The Federal Water Act defines many prohibitions, rules and approval requirements which apply in general to all branches of industry, including mining. The requirement to obtain a separate permit under the Water Law is waived for certain projects subject to the Mining Act and regulations in order to streamline the administrative process. In such cases, water issues are dealt with in the procedures required under mining legislation. Standard emission limits, and specific limits for certain industrial sectors, have been set for discharges into water bodies. If the ground-water level is influenced by any mining activities, permission according to the water right is required. Forestry Act The clean air provisions of the Forestry Act are particularly important for the exploration, extraction, preparation, refining and processing of raw materials. The Forestry Authorities are responsible for implementing the Forestry Law. Certain listed installations which emit air pollution likely to cause damage to forests require approval. In order to simplify administration, such installations requiring a permit under the Mining Act, are not required to obtain a separate forestry law permit, unless the forests in question are protected or act as a protective barrier against avalanches. If the requirement is waived, the relevant provisions of the Mining Law come into force. Emission Control Act - Air The compliance with formalities according to the Emission Control Act - Air (“Immissionsschutzgesetz - Luft (IG–L)”) for clean air permits is the responsibility of the mining authority. Waste Management Act The Waste Management Act is implemented in the first instance by the head of the provincial government. Decisions can be conferred by the head of the provincial government on the district administrative authorities. Nature Conservation Act The Nature Conservation Act is implemented by the Nature Conservation Authority (the District Administrative Authorities and the Provincial Government).

Duration of permitting processes The duration of the permitting procedures varies from a minimum of one to a maximum of four years. Past problems of lacking communication between different departments of the district authority (e.g. Department for Forestry Law, Department for Water Law, etc.) have been solved by structural reforms. All departments involved in the permitting procedures have been united in one department (“Anlagenreferat”), which can handle permitting procedures more coordinated and faster (kind of one-stop-shop for companies). Whereas the companies regard the work of the authorities as constructive, obstacles are often neighbours, who are recognized as party during the permitting procedures and often significantly delay procedures. Costs for permitting procedures strongly depend on the duration respectively resistance of a party and range between € 20,000 to 50,000. Expertises and creation of maps are regarded as cost drivers. Various fees levied by the authority are listed in WP 4.2 GIS Questionnaire. Permitting procedures for recycling plants are the same as for any kind of facilities (like quarries). Recycling plants especially need permission under the federal Trade, Commerce and Industry Regulation Act42 and the federal Waste Management Law43. Potential applications of secondary aggregates depend on their environmental safety and technical quality. More details are listed in the WP 3.4 Recycling Questionnaire.

42 “Gewerbeordnung 1994”, FLG 194 of 1994 43 “Abfallwirtschaftsgesetz 2002”, FLG I Nr. 102 of 2002

Figure 39: Permitting procedure in Styria – Organigram (Kager / Heimburg, 2010)

9 Conclusions and recommendations including best practice approach Conclusions are strongly interrelated to the aggregates market of the region LEIBNITZ (L), DEUTSCHLANDSBERG (D) and GRAZ (demand for different applications and (partly) supplied from different sources of L and D). According to UEPG (2010), aggregates consumption in Austria per capita amounts to 12 tonnes. Thus, aggregates consumption of the region L+ D (139.055 inhabitants) all in all is about 1,668,660 t per year (1,7 % Austrian wide [100 Mt]). In addition, the region supplies (to some extent) GRAZ (260.000 inhabitants). The “aggregates supply offer” of L + D is based on different sources, i.e. primary resources that is sand and gravel and crushed rock (limestone, diabase, basalt) and secondary resources (i.e. recycled aggregates). The real sum of aggregates production of L+D is not known (at least for MUL). According to the available information primary aggregates production (per year) amounts to 2,420,000 t, production of secondary aggregates amounts to 390,000 t; all in all 2,810,000 t. It is not known which part is delivered to GRAZ, but self-supply with aggregates of both regions (need of 1,668,660 t) is secured - at least in mid-term. As regards future demand for aggregates in the concerned regions, it would be important to establish short- medium and long-term aggregate demand and supply (i.e. for casting) scenarios taking into account future supply potential including primary and secondary resources. Based on such demand and supply scenarios, aggregates land use supply concepts could be developed (including material flow analyzes for different needed application). It is not known whether there is such for casting, scenarios developed for the regional aggregates supply concepts L+D (but probably not). Competitiveness of the aggregates industry Investment security for the operator is crucial. When granting permissions, for hard rock quarries a 50-year timescale (i.e. approved aggregates reserves) should typically be considered. No permissions should be less than 15 years otherwise the major capital investment cannot be justified. Even in such cases, renewals for similar periods should be anticipated from the outset. For sand & gravel pits, the permission timescale should be 15-50 years depending on the scale of the deposit, with further renewals anticipated also proportionate to the scale of the deposit. When granting permissions, the duration of these should always be in line with the lifetime of the deposit: sustainability requires the extraction of the total deposit. In that regard, some concern may arise particularly in terms of sand and gravel extraction in LEIBNITZ region. Approved reserves only last for 10 years; new permits in general exclude the possibility of wet extraction (conflict potential with water supply resources)– that means only a part of the deposit can be extracted. As regards hard rock quarry in the study case area, the approved reserves for the limestone quarry in RETZNEI last for 50 years, such for the diabase quarries in OBERHAAG and RADLPASS last for approximately 25 years. At least the reserves of the basalt quarry last for 10 years, however the deposit itself is nearly exhausted. SARM concepts and SSM-policies Aggregates planning policy framework The densely populated area in LEIBNITZ region is affecting the operator of sand and gravel pits because of the competition with other land use claims. Past land use plans (to some extent) could not avoid an increasing decentralization of housing land - a matter of fact which nowadays strongly reduces sand and gravel potential and increases the conflict potential between operators and neighbours. Land use planning and management of region L+D are based on the Styrian Land Use Planning Law and its related Regulation “Regional Development Program” L+D and local land use plans. SARM and SSM-policies (however rather primary resources considering) are included in the respective law and regulation. The Regulation (as mentioned the regional planning level particularly is important for aggregates planning and extraction) is providing a well-developed methodology in terms of analyzing, selecting raw material priority zones based on the findings of the Austrian Mineral Resource Plan and the “Project Minerals Supply Styria”. Moreover, also ambitious management and supply concepts. The methodology is regarded as best practice.

However, the planning process related to selection of aggregates priority zones in L+D is not based (at least probably not) on analyses of the respective aggregates market structure L+D+GRAZ, and additionally (probably) no material flow analyzes have been conducted. This is a crucial requirement not only in terms of the needed aggregates for the economical development of L+B+GRAZ but also in terms of justification of raw material priority zones in the Regional Plan: The determination of such zones itself is an encroachment in the basic property (and thus needs a clarification with the concerned ground owner). It is justified if there is the need of public interest – what is true in the case of aggregates supply/extraction as required for the economical development (but it should be clear what quantity and quality for which application is needed in mid-and long term view). Another issue is the reserved area for future aggregates supply. The Regional Development Program of L provides an area of 42 ha (0,1 % of the overall area), the Regional Development Program of D provides an area of 340 ha (0,4 % of the overall area). In the case of L, the reserved zone may only be extracted above the ground water table; that means the (roughly) estimated reserves will be about 4 Mt. Whatever, the reserved aggregates potential in terms of quantity at least seems not so much in terms of the required aggregates in future (long-term view) and also in terms of other issues (e.g. competitiveness of the aggregates industry). Besides that, it must be mentioned that aggregates extraction theoretically (i.e. according to the provisions of the Regional Development Program) also can be permitted outside raw material priority zones, i.e. in the agriculture zones – if the municipality agrees. This, certainly will depend on the quality of conflict management between the operator and the municipality (and concerned citizen). However, this possibility is regarded as positive by the local operators:44 Thus, the social component of SARM (see section 2) will be of importance (for instance providing a mediator etc. seems to be useful). Moreover, aggregates extraction according to provision of the Mining Law may be possible (outside raw material priority zones and furthermore) in different part of the concerned region but this could be much more complex: In general, the permitting process will be much effective if the intended aggregates site is part of a raw material priority zone (harmonization between different utilization claims already discussed). SSM-issue particularly focussed on secondary resources A well mixed supply of primary and secondary aggregates resources will be a real challenge in the future. In terms of sustainability, each possibility (in terms of policy and legislation) should be realized to use secondary resources as much as possible. (This, however also is a matter of [recycling] market structure and prices.) This not only reduces the need of primary resources (i.e. prolong the availability of natural resources for future generation), it also reduce landfilling of industrial waste. Therefore, each aggregates supply concept based on land use planning and management, should include appropriate tools, instruments to increase the use of secondary resources. As regards the present situation in L+D, improvement both in terms of policy and legal concern should be discussed (although considerable recycling rates are received in the case study area). Legal and administrative framework Framework in general is well structured. Permitting procedures are efficient and effective. All departments involved have been united in one department (kind of one-stop-shop approach). Also it is assumed that permitting procedures will be based on land use planning and management at least in terms of the selected raw material priority zones. Whereas the companies regard the work of the authorities as constructive, neighbours of the intended project area, recognized as party in the permitting procedure often significantly delay procedures. As regards the Mining Law, many provisions are providing/considering relevant SARM and SEE – aspects (see section 8). Some are: · Issue of resource efficiency, avoiding waste · Use of best technical environmental standards

44 Received information.

· concepts of transport according municipality traffic principles · guaranteeing funding for rehabilitation · particularly consideration of land use planning in permitting procedures · public interest – aggregates ensuring at regional level must be considered · etc. Coordination between permitting authorities and land use planning management It might be useful to improve the coordination between permitting procedures/authorities (district level) and land use planning management (provincial level). Coherent aggregates planning policy has to base on relevant data and information. The geological knowledge i.e. knowledge of location, quantity and quality of mineral deposits in general is well known. However, lack of knowledge in terms of aggregates demand, less information of produced aggregates amounts, less information of recycling rates at district level is indicated.45 Moreover, the competent authority at district level (i.e. LEIBNITZ, DEUTSCHLANDSBERG, implementing the Mining Law) knows the location of quarries, however (primarily) is not responsible for aggregates land use planning and management. Thus, important data are not collected, evaluated and transmitted to the competent land use planning authority (provincial level).46 In that regard, improvement is needed, particularly also in terms of view that each land use planning and management related to aggregates has to build on the existing (or intended) aggregates structure of a certain region (as mentioned above). SARM-issue “social license” As mentioned, legal and administrative framework in general is well structured. Even, permitting procedures are based on the one-stop approach, thus effective coordinated. However, the involvement of neighbours (legal party according to Mining Law) in the permitting procedures is regarded as problematic by the quarry operators. Neighbours recently have prevented the permission of a limestone quarry at the district LEIBNITZ. At the district DEUTSCHLANDSBERG, no new quarry was permitted within the past ten years. Operators qualify the role of neighbours in permitting procedures sometimes as counterproductive, which is partly verified by members of the authority.47 The involvement of some kind of mediator is suggested. To increase the social acceptance of sand and gravel pits and quarries a stronger involvement of the communities in the planning and management process at the earliest stage as possible (and during the whole process) both in terms of (land use and) pit/quarry project management including the planed re-use of pits/quarry areas may be crucial.48 SARM-issue reclamation Rehabilitation (re-use) issue is included in the Regulation Regional Development Program of LEIBNITZ. Reuse concept of the “Development Program Extraction Area LEIBNITZ WEST” is not only focussed on the rehabilitation issue but considers also a well-developed aggregates supply and extraction. As regards the preparation of this reuse concept, all relevant stakeholders have been involved. Re-use concept is regarded as best practices approach.

45 Some of these data is available on national or provincial level mostly by extrapolation. 46 Information received. 47 Information received. 48 As mentioned above: minimizing societal impacts may lead to community acceptance and a ‘social license’ to mine, which can be just important as the legal permits.

RECOMMENDATIONS Note: Sustainable aggregates supply management (SARM) in the study area “South-west Styria” LEIBNITZ and DEUTSCHLANDSBERG is regarded as important issue/challenge for the presence and future by the decision-makers. Much work has been done, remarkable results have been received. Thus, in general applied approaches and/or best practices can be recommended in the SEE-countries for further consideration. In the following some recommendations for (further) improvement of SARM and SSM-planning related to the concerned case stud area are listened:

*Aggregates (land use) supply and management concepts should be based on detailed aggregates market analyses and material flow analyses. *In that regard: a better data management could be achieved, i.e. useful data for land use planning and management (at provincial level) could be collected and provided at district level (competent authority). This would be crucial in terms of observing the development of aggregates markets mid- and long-term. Provide demand for –casting and create scenarios: might be useful/important tin terms of selecting raw material priority zones, also needed as (evaluation) tool for decision makers. *Aggregates (land use) supply and management concepts shall be based on SSM (i.e. mix of primary and secondary resources). Secondary resources shall be equally considered. Improvement might be useful in policy, legal and administrative view. *SARM concepts should be used in an effective way, i.e. considering all SARM elements more coordinated. *Increase the social element of SARM. Involve communities much more in the planning process of the concerned site, at the early possible stage. *Improvement of transport logistic based on traffic concepts of the concerned municipalities seems to be required. *Extracting as much aggregate as possible from a deposit (resource efficiency) and using it for the most valuable application appropriate for the aggregate quality: In that regard, a challenge might be to discuss possibilities of wet extraction in the future involving experts related to land use planning, water management and mining.

10 References Department of the Styria state gove rnment (division 16, development of province [Styria] and municipalities) (2005): Regional Development Program DEUTSCHLANDSBERG Department of the Styria state government (division 16, development of province [Styria] and municipalities) (2009): Regional Development Program LEIBNITZ Department of Mineral Resources and Petroleum Engineering (2010): Planning Policies and Permitting Procedures to Ensure the Sustainable Supply of Aggregates in Europe, University of Leoben (available at http://www.sarmaproject.eu/index.php?id=1548&no_cache=1&tx_ttnews[pointer]=1&cHash=6 5db728851) Gocht (1983): Wirtschaftsgeologie und Rohstoffpolitik. Nötstaller, R., Wagner, H. (2007): Reflections on resource consumption and resource policy, Journal of Mining. Metallurgical, Material, Geotechnical and Planned Engineering, Schartner (2009): Bachelor thesis, Department of Mineral Resources and Petroleum Engineering, University of Leoben Tiess (2010): General and International Mineral Policy, SPRINGER-VERLAG, in press. Untersweg (1991): Securing of Raw Materials Supply and Land Use Planning in the LEIBNITZ area (Rohstoffsicherung im Leibnitzer Feld und Raumplanuing), Mittl. Österr. Geol. Ges. (geological journal) Wasserbacher, R.. Koller, W., Schneider, H. W. ; M. Luptácik, M. (2007): The relevance of raw materials extraction to Austria’s economy., Journal of Mining, Metallurgical, Material, Geotechnical and Planned Engineering, pp. 391 - 396