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 if they are responsible for waste in Austria.

Requirements

See "General Information".

Deadlines

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

The → district authority^{German text}
in chartered urban districts: the → Municipal Executive^{German text}
- in Vienna: the MA (department) 22 (→ City of Vieanna)^{German text}
If certain measures (e.g. investigations, regular samples) are required in connection with legally or de facto closed land fill sites: the → governor^{German text}

Procedure

The administrative authority officially becomes active.

Required documents

No specific documents are required.

Costs and fees

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 bases

Sections 73 and 74 of the Abfallwirtschaftsgesetz 2002 (AWG 2002) (Waste Management Act 2002)

Expert Information

No expert information is available.

Translated by the European Commission

Last update: 17 May 2022

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