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820.150 KVUVPOCEIA CH-GR

Art. 5 Cantonal Ordinance on Environmental Impact Assessment (KVUVP)

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Art. 5 KVUVP - Tasks of the Competent Authority

1. The competent authority is responsible for preparing the examination as well as coordinating with other procedures and conducting the examination.

2. The competent authority specifically has the following responsibilities

a) The decision on the obligation to conduct an Environmental Impact Assessment (EIA) for a facility. In case of dispute, it issues an appealable decision after consulting the expert office;

b) The receipt of the preliminary investigation, terms of reference, and Environmental Impact Report (report) and their forwarding to the expert office;

c) The forwarding of the preliminary investigation, the terms of reference, and the opinion of the expert office to the Federal Office for the Environment (Federal Office) for projects that require consultation with the Federal Office according to the annex of the Ordinance on Environmental Impact Assessment (EIAO);

d) The approval of the terms of reference;

e) The decision as to whether the preliminary investigation qualifies as an Environmental Impact Report;

f) The conduct of the internal administrative co-reporting procedure;

g) The obtaining of opinions from the approval authorities pursuant to Article 21 paragraph 1 EIAO and their forwarding to the expert office;

h) The obtaining of the opinion of the federal subsidy authority pursuant to Article 22 paragraph 1 EIAO when a project is likely to be realized only with a federal subsidy;

i) The conduct of consultation procedures with the Federal Office pursuant to Article 14 paragraph 4 EIAO;

j) The publication of the report pursuant to Article 15 EIAO;

k) The publication of the report, the assessment of the expert office, the results of any potential consultation with the Federal Office, and the decision, insofar as it includes the results of the EIA, pursuant to Article 20 EIAO;

l) The decision on the applicant's requests for confidentiality as well as the requests from the expert office and the Federal Office for additional clarifications.

3. If the government is the competent authority, the procedural management pursuant to paragraph 2 is incumbent upon the requesting department.

4. The competent authority may delegate the tasks according to paragraph 2 letters b-j to the expert office.

← Art. 4 KVUVP - Applicants Cantonal Ordinance on Environmental Impact Assessment (KVUVP) - Scope Art. 6 KVUVP - Specification Sheet →

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Court Decisions Applying This Provision (1)

R 2004 126 · gr (Art. 5 KVUVP)
Municipal Council Development Plan Approval Overturned for Inadequate Environmental Measure Stipulation
Cited in the reasoning regarding the duties of the competent authority, though the final decision does not explicitly cite it to justify the outcome, only procedural grounds and costs.