EIA Act Amendment: Proposed Changes

Oct 1, 2026 Benn-Ibler Rechtsanwälte

The Austrian Federal Ministry of Agriculture and Forestry, Climate and Environmental Protection, Regions and Water Management has submitted a draft amendment to the Austrian Environmental Impact Assessment Act (EIA Act) for public consultation.

Simplified Procedure to become the standard

The amendment is intended primarily to simplify, expedite, and further digitalise EIA procedures, while also implementing requirements under European Union law.

A key change concerns the development consent procedure. The existing distinction between the ordinary and simplified procedures is to be abolished. In future, there will be a single, integrated development consent procedure, with the current ‘simplified procedure’ becoming the standard procedure.

Removal of the general cumulative-effects provision

The existing general provision under which, in an individual case, the cumulative application of thresholds to other projects within the same geographical area may trigger an EIA requirement is to be repealed. Instead, safeguards are to prevent the EIA requirement from being circumvented through the deliberate division or structuring of a project.

A follow-up inspection will in future be mandatory only where no prior completion inspection has taken place. Otherwise, the competent authority may determine whether a follow-up inspection is required.

Further changes

For federal roads and high-capacity railway lines, the current division into two partially integrated procedures is to be replaced by a single, integrated development consent procedure. This is intended to reduce the administrative burden and expedite proceedings. 

Austria’s Federal Legal Information System is to be established as the single electronic publication platform.

BMLUK, Begutachtungsentwurf – 138/ME XXVIII. GP (21 September 2026)