The Austrian Waste Management Act 2002 (Abfallwirtschaftsgesetz 2002 – AWG 2002) was published on Jul. 16, 2002. It mainly focuses on waste management and covers aspects such as the purpose of the regulations, scope of application, responsibilities of various parties, treatment processes, cross - border transportation, etc. It also stipulates penalty measures for violations.
1. Core Regulatory Framework
Objectives and Principles:
Oriented towards the precautionary principle and sustainability, aiming to reduce the harm of waste to humans, animals, plants, and the environment, protect resources, and ensure that waste treatment meets ecological, technical, and economic requirements. It follows principles such as waste reduction, reuse, and harmless treatment.
Definition of Key Terms:
Clearly defines concepts such as waste, secondary materials, municipal waste, hazardous waste, etc., delimits the scope of activities such as waste treatment and material recycling, as well as related entities like waste owners, producers, collectors, and disposers.
Scope of Application and Exceptions:
Applies to most waste management scenarios, but excludes specific cases such as wastewater components and radioactive substances. It also stipulates that special entities like the military are not subject to the law under certain circumstances.
2. Specific Provisions for Waste Management
Waste Prevention and Utilization:
Encourages reducing waste generation and harmful substance content through product design and sales model optimization. Enterprises are required to develop waste management plans, appoint responsible persons, and specific industries have certain responsibilities, such as regulations for used motor oil and oil filter disposal.
Obligations of Waste Owners:
Include general treatment obligations, such as avoiding waste mixing and treating waste at designated sites; special treatment obligations for hazardous waste, PCB - containing waste, etc.; as well as recording, reporting obligations, and regulations for the transportation and transfer of hazardous waste.
Requirements for Waste Collectors and Disposers:
Collection or treatment of non - hazardous waste requires notification, while that of hazardous waste requires a permit. There are detailed regulations on the qualifications of responsible persons, enterprise changes, and the collection of problem substances.
Regulations for Collection and Utilization Systems:
Establishment and operation require permission. The permission conditions, duration, operator obligations, supervision mechanisms, and penalties for violations are clearly defined, covering aspects such as cost compensation, supervision measures, and reporting obligations.
Management of Treatment Facilities:
The construction, operation, and modification of fixed facilities require permission or notification. The permission procedures, conditions, and durations are stipulated, involving public participation, liability division, monitoring requirements, etc. The management of mobile facilities is similar with special provisions.
3. Cross - Border Transportation Management:
Applies relevant EU regulations, clarifies requirements for transportation notification, approval, guarantees, etc., stipulates the responsibilities of transporters and receivers, as well as handling measures for violations.
4. Supervision and Enforcement:
Relevant departments have the right to inspect and order rectification of violations. In specific situations, landowners may be required to assume responsibilities. Regular inspections are carried out on waste - related entities, and inspectors are empowered.
5. Transitional Provisions and Penalties:
Stipulates the connection between the old and new regulations. Different fines are imposed on non - compliance with the regulations according to the severity of the violations. Some attempted violations are also punishable, and the execution and limitation of penalties are clearly defined.
6. Amendments to Related Laws:
Amends the 1967 Motor Vehicle Act and the Air Pollution Control Act, involving vehicle scrapping, insurance data transmission, and changes in the citation of relevant legal provisions.