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Waste – processing contract

General Information

If waste is not lawfully collected, stored, shipped or processed or if the safe treatment of waste is required to prevent public interest being negatively affected, the administrative authority must instruct the obliged entity to carry out the necessary steps and/or prohibit any activity in breach of the regulations.

Please note

If the obliged entity cannot be determined or is not legally capable of fulfilling the processing contract or cannot be instructed for other reasons, the processing contract can be granted to the legal owner of an immovable property at which the waste is located. This is particularly the case if they have agreed to the storage or deposit of the waste or has tolerated it and has omitted to take reasonable defensive measures. The assignee of the property owner will also be liable, if they were aware of the storage or deposit or must have been aware if proper attention was paid. In cases like this, it is therefore recommended to enquire with the relevant body in advance.

Enterprises Affected

The obliged entity that is responsible for the lawful collection, storage, shipping, transfer or treatment of waste or has put the public interest at risk (even if not at fault).

Caution

In general, these rules also apply for traders from EU Member States that have their registered office in Austria.

Requirements

See description of content

Deadline

There are no specific time limits to be observed.

Competent Authority

The waste management agency that is responsible for the area in which the business is located

Procedure

The administrative authority officially becomes active.

Documents Required

No specific documents are required.

Expenses

The costs are determined by various regulations on charges and fees. It is recommended that you obtain more detailed information from the responsible authority in advance.

Legal Basis

Sections 73 and 74 of the Abfallwirtschaftsgesetz 2002 (AWG 2002)

Expert Information

No expert information is available.

Translated by the European Commission
last update: 18 February 2021

responsible for content: Federal Ministry for Climate Action, Environment, Energy, Mobility, Innovation and Technology

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