Federal Administrative Court Confirms Negative EIA Decision on Asamer Clearing
In the Ehrenfeld II industrial area in Ohlsdorf, 18 hectares of forest were cleared in 2021 on the initiative of the now-deceased Hans Asamer, although there was no legal basis for this, as the Court of Auditors later found. His sons planned to expand the Asamer Gravel Works in the immediate vicinity and to remove an additional 7.4 hectares of forest for this purpose.
Federal Administrative Court's Decision on EIA Notice Final
In the decision from September 2025, which is available to ORF, the Federal Administrative Court also argues with the controversial clearing for the industrial park. The area is already below average in terms of forestation. The large-scale clearing of 18 hectares for Ehrenfeld II has exacerbated the situation. The protective function of the forest, which is lost through clearing, cannot be compensated in time with reforestation. The public interest in preserving the forest - in an area with below-average forestation - clearly outweighs the interests in raw material extraction.
The Asamer Gravel Works referred in their complaint against the negative EIA notice, among other things, to the increased demand for gravel in the region. According to the Federal Administrative Court, the supply is not significantly at risk and can be covered by other mining areas and possible new projects. The state had already argued that 4.5 million tons of gravel could have been extracted after the clearing at Ehrenfeld II. This was neglected. That now a gravel extraction by the same gravel works is being applied for directly next to it is incomprehensible.
By dismissing the complaint, the Federal Administrative Court confirmed the state's negative environmental impact assessment. According to ORF, this is the first time a project has been brought down in this way. An appeal against the decision of the BVwG is no longer possible. Its decision is final.
(APA/Red)
This article has been automatically translated, read the original article here.