Source: BUS Sachsen-Anhalt (Linie6PLus)

Apply for a permit for the construction and operation or modification of an installation that does not require a permit

Description

An application for a permit must be submitted to the competent authority for an installation requiring a permit which is part of the operating area or is part of an operating area before construction and operation or before changes are made, if the operation or the modifications may result in accident-relevant effects.

If, during the examination of your previous notification of a construction or modification relevant to an accident, the authority comes to the conclusion that your project has consequences under accident law and that a permit is therefore required, you must also apply to the competent authority for a permit for this accident-relevant construction and operation or change in accident law.

Prerequisites

Approval shall be granted if it is ensured that the construction and operation of the installation not subject to authorisation relevant to the accident or the modification of the installation not subject to authorisation

there are no harmful environmental effects that can be avoided according to the state of the art,
unavoidable harmful effects on the environment are kept to a minimum according to the state of the art, and
the waste generated during the operation of the installation is properly disposed of.
Furthermore, other public law regulations and the interests of occupational health and safety must not conflict with the project.

Required documents

Required drawings, plans, expert opinions
Explanations and
further documents may have to be requested from the competent authority.

Deadlines

Before the plant is put into operation or before the project is carried out.

Legal remedy

Contradiction
Complaint

Procedure

If, during the examination of your application for a major accident-relevant construction and operation or the accident-relevant change, the authority comes to the decision that your project requires a permit, you will be informed of this in writing.
You will then need to submit an application for approval. This can be done in writing or electronically. The application must be accompanied by the documents required for examination.
Or, without prior notification, you can immediately submit an application for the construction and operation or modification relevant to the accident. This is particularly recommended in cases where you already know from other information that your project requires approval.
If the application is complete, it will be made public with the documents and published for a period of one month. Within this one-month period, any person or group whose interests are affected by the project may submit their objections to the competent authority.
As part of the permit review, the competent authority shall also obtain opinions from authorities whose areas of responsibility are affected by the project.
As soon as the competent authority receives objections and comments within the time limit, it assesses whether the project fulfils all the conditions.

Further information

Approval is not required if the requirement to maintain the appropriate safety distance is already ensured by binding specifications within the framework of the spatially significant planning or measure.