Project clusters and EIA thresholds: how connected similar projects are assessed together and determination documents are prepared.
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Several projects may be relevant together when EIA thresholds are assessed. The key questions are whether similar projects are spatially connected and which projects already exist, have been approved or were previously submitted with a complete application.
Section 3(7) of the Austrian Environmental Impact Assessment Act 2000 allows the authority to determine whether an environmental impact assessment is required and which statutory threshold category is realised. The project applicant must provide documents that identify the project and allow its environmental impacts to be assessed.
This article explains project clusters, cumulative threshold assessment and the route to an authority determination. The individual building permit, other specialist approvals and the substantive approval procedure after the assessment remain separate questions.
Three questions lead from the project structure to a focused preparation of the authority determination.
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Include projects that already exist, have been approved or were previously submitted with a complete application.
Describe the type, scope, capacity and location of the project. Then check whether similar projects exist in a spatial connection or were previously submitted in full.
For each project, record the site, type, capacity, approval status and filing date. Secure decisions and complete applications before comparing the thresholds.
Collect the project description, site documents, capacity data and available information on soil, water, land, waste and emissions. Clearly mark open points.
Present project parts, comparison projects, capacities and spatial connections in one consistent overview. Add the documents needed to estimate environmental impacts and formulate the determination question clearly.
For cumulative assessment under Section 3(2) of the Environmental Impact Assessment Act 2000, other similar projects with a spatial connection must be considered. The relevant view is therefore the complete project structure at the affected site. Splitting a project into separate construction stages does not answer the project-cluster question by itself.
Projects that already exist or have been approved are included. The Act also refers to projects that were previously submitted to an authority with a complete application for approval or were previously applied for under Sections 4 or 5.
The comparison should show which project belongs to the applicant, which projects are spatially connected, which capacity is relevant and what status each comparison project has. This overview provides the basis for the threshold assessment.
A project that does not reach a threshold on its own may still be relevant when assessed together with other similar projects. The authority then determines in the individual case whether cumulative impacts are expected to have significant harmful, disturbing or adverse effects on the environment.
The applicant should therefore present the capacity of the proposed project and the capacities of the relevant projects using the same unit and the same boundary. Different project stages or technical descriptions should not make the comparison unclear.
Section 3(2) contains a lower limit for the individual-case assessment: it is not carried out where the proposed project has less than 25 percent of the threshold. This statement concerns the individual-case assessment regulated there and does not settle other EIA categories.
Under Section 3(7) of the Environmental Impact Assessment Act 2000, the project applicant may request a determination on whether an EIA is required and which category in Annex 1 or Section 3a(1) to (3) is realised. A participating authority or the environmental ombudsman may also request it, and the authority may act on its own initiative.
The project applicant must provide documents sufficient to identify the project and estimate its environmental impacts. Where an individual-case assessment is required, the authority limits the depth and scope of its review to a preliminary assessment. The procedure is therefore not a substitute for a complete technical environmental assessment.
The decision must be issued by formal decision within six weeks. A clear request should bring together the project description, site, spatial connection, capacities, existing or approved projects and expected impacts in a readable file.
For projects subject to an assessment under Section 3(1), (2), (4) or (4a), approvals may not be granted before the EIA or individual-case assessment is complete. Notifications made under administrative provisions have no legal effect before completion.
This consequence makes the timing of the project-cluster assessment important. The applicant should establish whether the project is already subject to an assessment, which documents are available and which authority is responsible for the determination or individual-case assessment.
The project-cluster question is separate from substantive approval. The first step is to establish whether and to what extent the Environmental Impact Assessment Act applies. The individual approval requirements under the applicable rules are then assessed.
A reliable project file contains a site plan showing spatial connections, a description of the entire project and a list of its parts. For each project, the type, technical features, capacity, approval status and filing date should be identifiable.
Available information on the environmental areas likely to be affected should be added. Depending on the project, this may include soil, land, water, biodiversity, waste, emissions and the use of natural resources. Open data points should be marked as such.
Before filing, applicants should review the threshold calculation, the spatial boundary and the determination question together. A consistent presentation helps the authority conduct its preliminary assessment and prevents relevant project parts from appearing only in separate documents.
Project structure, threshold and determination answer different questions.
| Review level | Core question | Key documents |
|---|---|---|
| Project cluster Which similar projects are spatially connected? | Site plan, project list, status and filing dates | |
| Threshold Which capacities must be compared together? | Units, capacity data, threshold and calculation | |
| Determination Is an EIA or individual-case assessment required? | Project description, site and impact estimate |
The specific classification depends on the EIA category, project features and applicable statutory requirements.
One file keeps project structure, cumulative assessment and determination distinct.
Record project parts, site, purpose and technical features in one overview.
Include existing, approved and previously submitted similar projects.
Set out threshold, unit and cumulative capacity in a verifiable way.
Describe site, resources, emissions and expected environmental impacts.
Align the question and documents with the authority and project cluster.
Practical note: Give each project and comparison project its own line with site, capacity, status and filing date. Receive new articles and legal information through BRANDaktuelle Rechtsnews.
It refers to similar projects with a spatial connection that may be relevant for cumulative assessment. Under Section 3(2), existing or approved projects and certain projects previously submitted in full may be considered.
No. In addition to the proposed project, similar projects may be included if they already exist, have been approved or were previously submitted with a complete application or applied for under Sections 4 or 5.
Under Section 3(2), the individual-case assessment regulated there is not carried out where the proposed project has less than 25 percent of the threshold. This does not finally determine other EIA categories.
The project applicant, a participating authority or the environmental ombudsman may request the determination. The authority may also act on its own initiative. The decision is issued formally.
For projects subject to an assessment under Section 3(1), (2), (4) or (4a), an approval may not be granted before completion. Notifications under administrative rules have no legal effect until then.
Review requests for supplements, deadlines and project changes using the file.
Organise subdivision, surveying and approval before filing.
Structure project documents and legal risk areas in an interactive check.
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