Agricultural Procedure Act
| Basic data | |
|---|---|
| Title: | Agricultural Procedure Act 1950 |
| Abbreviation: | AgrVG, AgrVG 1950 |
| Type: | Federal law |
| Scope: | Republic of Austria |
| Legal matter: | Administrative procedural law |
| Reference: | Federal Law Gazette No. 173/1950 |
| Effective date: | September 1, 1950 |
| Last change: | August 14, 2013, Federal Law Gazette I No. 189/2013 |
| Please note the note on the applicable legal version ! | |
The Agricultural Procedure Act (AgrVG) regulates the administrative procedure of the Austrian agricultural authorities .
Basics
The AgrVG itself determines that the General Administrative Procedure Act (AVG) is to be applied to the procedure of the agricultural authorities , albeit with the changes and additions contained in the AgrVG.
Thus the agricultural authorities essentially apply the AVG - like the other authorities of the general state administration in Austria. However, the AgrVG knows some provisions that deviate from this, which only apply to the procedure of the agricultural authorities.
This article only describes the most important points that the AgrVG regulates differently from the AVG.
Form of notification
Most notices from the agricultural authorities consist of plans, registers, lists or directories. It would be technically possible, but hardly financially viable and extremely costly to deliver them to each individual party. (Notices composed of such components are expressly regarded as notices within the meaning of the AVG, but they contain neither a justification nor an instruction on legal remedies. For information on legal remedies, more detailed information in the paragraph "Understanding".) While in the scope of the AVG notices "only"
- issued in writing or
- proclaimed orally
the AgrVG therefore also provides for a third variant of the notification:
- Condition for general inspection.
Edition
The notification is published at a certain place (usually the respective municipal office) and then kept ready for those parties who want to inspect it. This edition must last at least two weeks. (The agricultural authorities usually set the duration of the edition at two weeks.) The decision is officially issued on the first day of the edition period. From this point on, it can only be amended or canceled in a possible appeal procedure.
understanding
The parties to the proceedings learn of the issuance of a notification through a condition in the form of an “agreement”. This communication must contain:
- Duration and
- Place of edition and
- an instruction on legal remedies .
These notifications are normally sent to the parties in good time before the start of the publication period. If this is not possible (because one party has moved or died), the rule applies that the period of publication for each party begins at the earliest on the day on which the notification was sent.
Deadline for appeal
A complaint can be filed against almost any decision from the agricultural authority of the 1st instance. The deadline for filing a complaint is four weeks. If the notification has been made available for general inspection, it does not begin until the day after the end of the publication period. (Example: The circulation lasts from one Monday to the second following Monday. The deadline for complaints therefore begins on Tuesday and lasts until the second following Tuesday.)
Costs to the parties
The parties to the proceedings must bear costs for
- Office rooms at the place of the proceedings (office rooms)
- Heating, electricity and cleaning for these rooms
- Means of transport for official luggage
- simple tools
- Measuring stakes
- Signal poles
- Landmarks
Costs incurred by the agricultural authority, especially those for
- the officials of the agricultural authority who conduct the procedure
- Surveying instruments
the parties do not need to pay.
The material administrative regulations regulate what other costs are incurred by the parties (e.g. for road expansion and the like).
Legal effects of notifications and settlements
Decisions issued by the agricultural authorities and settlements that are concluded with their approval have the same legal effects as judgments and settlements, especially with regard to enforcement: the decision or settlement represents a (direct) enforcement title.
Tax exemptions
All agricultural authority procedures are free of charge. The entries in the land register, which are necessary due to the agricultural authority procedures, are also free of charge. (Exception: land registry entries from land consolidation agreements and allocation of [property] rights in the agricultural settlement process.)
Appeal authority decisions
The higher authority in the instance ( regional administrative court ) decides with so-called "findings". Despite this designation laid down in the AgrVG, these are administrative decisions.
