Austria : Austrian Minister of Environment proposes a new system for financing the clean

The draft of the Austrian Act on Contaminated Sites (AlSAG 2011) foresees a new transaction tax on the transfer of waste and it will introduce procedural rules on issuing orders to clean-up contaminated sites.

After years of discussion the Minister of Environment presented a preliminary draft of a new financing system for the clean-up. Cumulative to the currently existing contribution payment obligations in future a rate of three euros has to be paid for the mere transfer of waste for treatment. This new rule should also apply to the recovery and recycling whereas companies who do the latter the new law grants a refunding of 50% of the tax paid.

 

The new model of clean-up plans a focused procedure at the federal level.

By means of liabilty notices identified clean-up managers have to submit and finally implement concepts and projects which are subject to authorization by the authorities. The concepts and projects focus both on decontamination and securing contaminated sites.

 

In particular the new systems could foresee a statutory obligation for people for the solely suspected liability for the contamination so that one has to prove free which has to be seen quite critical with respect to some constitutional guaranties.