Section 28 of the Austrian Cableways Act covers the earliest filing date, one-year deadline, late applications and continuation of a cableway concession.
Mag. Christopher Angerer, Rechtsanwalt
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When a cableway concession is approaching expiry, the filing date determines the legal route. Section 28 of the Austrian Cableways Act 2003 permits a renewal application at the earliest three years and generally no later than one year before expiry. A later application remains admissible but is treated as late.
The provision also creates continuation rules. For a timely application, the concession may be deemed extended for one year if no decision is available six months before expiry and the delay was not caused by the applicant. For a late application, the concession is deemed extended until the authority decides if a decision cannot be made before expiry.
This article addresses renewal and continuation of the concession. Questions about a refurbishment, an operating permit after technical changes or refunds after a lift standstill require separate assessments.
Classify the expiry date, filing date and status of the authority procedure. The result is an initial orientation, not an assessment of the concession file.
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The application windows under section 28 of the Austrian Cableways Act 2003 depend on the concession expiry date.
First organise the concession document, later decisions and any amendments. Section 28 links the earliest and latest application windows to the expiry of the concession period.
Once the date is clear, assess whether the application was made no earlier than three years before expiry and whether the one-year deadline was met.
Where the application was filed no later than one year before expiry and the authority has not decided by six months before expiry, the concession is generally deemed extended for one year. This requires that the delay was not caused by the applicant.
The filing record, procedural status and reason for the delay should therefore be assessed together.
Section 28 subsection 1 allows an application after the one-year deadline. It is then treated as late. If the authority cannot decide before the concession expires, the concession is deemed extended until the authority decides.
The late filing should be documented openly and assessed against the actual expiry date.
Section 28 subsection 3 provides that the renewal period is set case by case with regard to the public interest. Once a decision is available, its content, scope and temporal effect guide the operational planning.
Concession renewal remains separate from an operating permit required after a technical refurbishment.
Section 28 of the Austrian Cableways Act 2003 regulates renewal of an existing concession. It answers four questions: when an application may first be filed, when it is treated as timely, what a late application means and how an open procedure affects continuation of the concession.
Renewal requires the public interest in operating the cableway to continue. The renewal period is set case by case with regard to the public interest. The provision therefore supplies a legal framework, while the specific concession file and operation remain decisive.
The cableway and lift operators topic page provides the broader operational context. The operating permit route after refurbishment addresses a separate question from concession renewal.
The deadlines are calculated back from the concession expiry date. The actual date must be evidenced by the concession records.
A renewal application may be filed at the earliest three years before the concession period ends.
Legal basis: Section 28 subsection 4 Cableways Act 2003
The application must be filed with the authority by this point to be treated as timely.
Legal basis: Section 28 subsection 1 Cableways Act 2003
For a timely application, it matters whether a decision was available six months before expiry.
Legal basis: Section 28 subsection 3 Cableways Act 2003
If a late application cannot be decided before expiry, the concession is deemed extended until the decision.
Legal basis: Section 28 subsections 1 and 3 Cableways Act 2003
An application may be filed at the earliest three years before the concession expires. This earliest window prevents a renewal procedure from being brought forward without limit. The expiry date is therefore the starting point for the internal timetable.
Section 28 subsection 1 names one year before expiry as the regular latest deadline. An application filed with the authority by then is timely. The relevant point is the provable filing date, not the day on which the documents were completed internally.
The file should bring together the concession expiry date, the filing date and the version of the application submitted. For electronic filing, the receipt confirmation and authority requests should also be kept in the chronology.
A timely application triggers the special rule in section 28 subsection 3. If the authority has not decided by six months before the concession expires, the concession is deemed extended for one year. This consequence requires that the delay was not caused by the applicant.
The assessment therefore needs two separate records. First, the application must have been filed in time. Second, the reason why no decision was available by the relevant date must be established. A lack of cooperation or a late response by the applicant can affect the statutory continuation.
The one-year continuation is a statutory consequence of the situation described in section 28. It does not replace the later decision on the renewal period. Under subsection 3, the period is set case by case with regard to the public interest.
Section 28 subsection 1 also permits an application filed later than one year before expiry. It is then treated as late. The late filing does not automatically remove admissibility, but it leads to a different continuation rule.
If the authority cannot decide before the concession expires, the concession is deemed extended until the authority decides. The relevant period is therefore connected to the open procedure and the date of the decision.
The late application should be identified clearly in the file and in procedural communications. This keeps the applicable subsection and the evidence for the authority procedure transparent.
Both applications are admissible under section 28. Their continuation rules have different conditions.
| Application | Timing | Continuation where no decision exists |
|---|---|---|
| Timely | Filed no later than one year before expiry. | No decision six months before expiry and delay not caused by the applicant: concession is deemed extended for one year. |
| Late | Filed after the one-year deadline. | If no decision is possible before expiry: concession is deemed extended until the authority decides. |
The table summarises the statutory framework. The specific procedure and concession records remain decisive.
Under section 28 subsection 2, renewal requires the public interest in operating the cableway to continue. This is a substantive condition in addition to the filing timetable. Meeting the one-year deadline alone therefore does not determine the outcome.
Section 28 subsection 3 requires the renewal period to be set case by case with regard to the public interest. The duration follows from the authority decision and the circumstances of the specific operation. The provision does not establish one generally applicable standard period.
For preparation, the operator should bring the concession records, previous decisions and operational basis together in an organised file. Which facts are decisive for the public interest depends on the procedure and should not be replaced by general assumptions.
The concession under section 28 answers whether and for how long the legal framework for operation continues. It concerns a different subject from an operating permit after a technical refurbishment. The approval route for technical changes must be assessed separately.
The consequences of a lift standstill also belong to a separate route. The article on chairlift standstill and liability addresses a different legal question. For an official resort closure and season-pass issues, see the article on official ski area closure and season passes.
The article on safety equipment as a cableway access condition may be relevant to transport conditions. It does not replace the concession timetable.
For the deadline review: Keep the expiry date, filing date, receipt confirmation and authority status in one chronology. Section 28 of the Austrian Cableways Act 2003 distinguishes timely and late applications. That distinction determines which statutory continuation rule must be assessed.
Under section 28 subsection 4 of the Austrian Cableways Act 2003, the application may be filed at the earliest three years before the concession expires.
The application must be filed with the authority no later than one year before the concession expires. A later application remains admissible under section 28 subsection 1 but is treated as late.
If no decision is made by six months before expiry and the delay was not caused by the applicant, the concession is deemed extended for one year.
If the authority cannot decide the late application before expiry, the concession is deemed extended until the authority decides. The application remains classified as late.
Section 28 subsections 2 and 3 refer to the continuing public interest and a case-by-case decision with regard to the public interest. The provision does not create one blanket renewal period.
Completion status, outstanding measures and the permit route after refurbishment.
Responsibility for monitoring, maintenance and incidents in technical operation.
Safety requirements and fare questions in cableway transport.
A separate assessment of closure decisions and season-pass refunds.
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