Missed opportunities for an environmentally friendly energy transition in the draft Renewable Energy Expansion Acceleration Act (EABG)
Austria’s Ministry for Economy, Energy and Technology has released the draft Renewables Expansion Acceleration Act (EABG) to implement the EU’s RED III directive. While aimed at speeding up renewable energy deployment, the draft falls short on environmental safeguards and legal clarity.
It introduces rules for Renewables Acceleration Areas (RAAs) where projects can bypass environmental assessments, but lacks binding national planning rules or enforcement mechanisms—risking fragmented implementation across states. The draft also presumes no significant environmental harm in zones outside of sensible areas, however overlooks that sensible areas should generally not be designated as RAAs. Moreover, it allows compensation payments to secure approval within the screening procedures in RAAs, going beyond what EU law permits and threatening biodiversity and subsequently also climate protection. Key gaps in the act also include a lack of legal remedies to challenge decisions about the designation of RAAs, despite international and EU requirements. On the positive side, the law foresees digitalized procedures and unified platforms, which could improve transparency and efficiency. It also introduces a concentrated permitting procedure which can lead to less administrative burdens for projects. This can however only function with massive expansions of the ressources of competent authorities. Overall, the draft prioritizes speed over environmental and legal safeguards, leaving significant need for revision before adoption.
Forest with high climate protection function prevails over limestone gravel pit before the Federal Administrative Court
In a recent decision, Austria’s Federal Administrative Court (BVwG) ruled against the expansion of a limestone gravel pit by a mining company in Upper Austria. The proposed expansion, covering 7.4 hectares, would have required deforestation of a forest with significant climate protection value. This led to a negative environmental impact assessment for the project. The court upheld the decision of the Upper Austrian state government, emphasizing that the climate protection role of the forest outweighs the public interest in securing gravel resources.
Although there is an anticipated shortage of gravel in the region by 2030, the court noted that future alternatives, such as recycled construction materials, could alleviate this issue. Moreover, even with the proposed project, the gravel demand would not be fully met.
The forest in question received a high conservation value rating and was deemed crucial in mitigating climate change effects, such as reducing heat, filtering dust and buffering strong winds. Proposed compensatory reforestation by the company was not considered in the court’s interest balancing.
Ultimately, the court found that environmental and climate protection interests take precedence over economic interests in gravel extraction. This aligns with Austria’s National Energy and Climate Plan („NEKP“), which highlights the vital role of forests in climate regulation and protection.