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Source: BUS Sachsen-Anhalt (Linie6PLus)

Apply for approval of the premature construction of a plant requiring a permit


If you are seeking approval for the early construction of a facility requiring a permit, you must demonstrate that:

1. a decision in your favor can be expected,

2. there is a public interest or a justified interest in the early start of your project, and

3. you agree to compensate for all damages caused by the construction of the facility until the decision is made and, if the project is not approved, to restore it to its former condition.

Approval may be revoked at any time. Approval may be subject to conditions or may be granted subject to subsequent conditions. The competent authority may require the provision of a security to the extent necessary to ensure the fulfillment of its obligations as applicant.

  • From the application you submit and the required documents, it must be possible to adequately assess the impact of the planned installation.
  • In addition, your application must show a justified interest in the early start.
  • Furthermore, you as the applicant must undertake to compensate for all damage caused by the premature construction up to the time of the decision and, if the project is not approved, to restore it to its previous condition.
  • Required drawings, plans, expert opinions
  • explanations and
  • Other documents (if necessary, ask the competent body).

The application must be submitted prior to the start of construction of the facility.

  • Objection
  • Complaint
  • If you wish to obtain approval for the early start of construction of a plant requiring a permit, you must submit a written application in advance to the competent authority.
  • The application must be accompanied by the drawings, explanations and the justified choice of location required to verify the prerequisites, as well as evidence of the necessity of the early start.
  • The competent authority decides on the approval for early start.
  • You will receive a decision on the granting or rejection of the approval.
  • In the event of rejection, you can lodge an appeal.

In a procedure for the granting of a permit in the case of a substantial modification of an installation requiring a permit, the licensing authority may also provisionally permit the operation of the installation under certain conditions (in accordance with Section 16 (1) BImSchG).

One prerequisite for this is that the modification fulfills an obligation arising from this Act or from a statutory order issued in connection with this Act.

Saxon State Ministry for Energy, Climate Protection, Environment and Agriculture (SMEKUL)

The text was automatically translated based on the German content.

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