Section 55 of the Austrian Cableways Act explains when buildings, other installations or acts near a cableway are prohibited because an unavoidable hazard remains.
Mag. Christopher Angerer, Rechtsanwalt
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Section 55 of the Austrian Cableways Act 2003 protects a cableway installation and its safe operation from hazardous projects in the surrounding area. The construction of buildings or other installations and other acts are prohibited where they endanger the cableway or its appurtenances or regular or safe operation and suitable protective measures are not possible.
The hazard area is therefore not a fixed number of metres. The assessment depends on the specific project, its effects on the installation and whether suitable measures can eliminate the hazard. These points must be traceable from the project and installation records.
If a prohibited state already exists, the cableway undertaking must report it to the authority. The authority must order the removal of that state. Questions about concession renewal, an operating permit after refurbishment and expropriation for the cableway itself require separate assessments.
Classify the project, its possible effects and protective measures. The result is initial guidance, not an assessment of the specific installation and project records.
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Section 55 of the Austrian Cableways Act 2003 covers buildings, other installations and other acts by the cableway undertaking or third parties.
First record the location, size, construction sequence and purpose of the project. Also identify which parts of the cableway installation and its appurtenances may be affected in the surrounding area.
Only then can it be assessed whether the existence or regular or safe operation of the cableway is at risk.
Section 55 covers only projects or acts that endanger the cableway, its appurtenances or regular or safe operation, where suitable protective measures cannot eliminate the hazard. The specific effect of the project must therefore be traceable.
If the records rule out that connection, the hazard area cannot be established solely because the project is nearby.
Under section 55, the prohibition requires that suitable protective measures to eliminate the hazard are not possible. If measures can actually eliminate the risk, this point must be assessed against the specific project and installation.
Calling something a protective measure is not enough. Its content, feasibility and effect during the planned construction or operation must be established.
If the project endangers the cableway, its appurtenances or regular or safe operation and suitable protective measures are not possible, the construction or act is prohibited under section 55.
Where a prohibited state already exists, the cableway undertaking must report it to the authority. The authority must order the removal of that state.
Section 55 of the Austrian Cableways Act 2003 links the prohibition to a hazard in the surrounding area of a cableway installation. It protects the existence of the cableway, its appurtenances and regular or safe operation. The term therefore describes what the provision protects, not an automatic distance in metres.
The assessment must address the specific building, other installation or act and its effects on the cableway installation. Proximity is the starting point for the assessment. It does not by itself establish a hazard.
The cableway and lift operators topic page provides broader context. The article on cableway refurbishment addresses an operating permit after a technical change.
The statutory text names the construction of buildings, the construction of other installations and other acts. The prohibition applies to the cableway undertaking and to third parties. It is therefore not limited to one type of planning application. Each measure must be assessed in the specific context of its connection with the installation or operation.
The key question is what concrete change could affect the cableway from its surroundings. A building may affect the existence of the cableway or its appurtenances. Another installation or act may affect regular or safe operation. Without that connection, the legal assessment remains too general.
The project records should therefore bring together the location, scope, sequence and affected parts of the cableway installation. This makes it possible to distinguish a hazard from mere spatial proximity.
Section 55 describes the prohibition only where the hazard exists and suitable protective measures to eliminate it are not possible. The question of protective measures is therefore a separate part of the assessment. It cannot be replaced by the observation that a project is close to the installation.
Protective measures must address the specific risk and be workable in the planned sequence. A general statement of intent does not show whether the hazard can be eliminated. Their content, technical effect and feasibility must be assessed together.
If the hazard to the existence, appurtenances or regular or safe operation remains and suitable measures are not possible, the statutory assessment leads to a prohibition. The factual basis should make that conclusion traceable.
The hazard area results from the interaction between the project, the protected installation or operating interest and the absence of a suitable way to eliminate the hazard.
| Assessment step | Question | Meaning |
|---|---|---|
| Project | What is to be built or done? | Describe the building, other installation or act specifically. |
| Protected interest | What could be affected? | Classify the existence, appurtenances or regular and safe operation. |
| Hazard | What effect is expected? | Show the concrete connection between project and cableway installation. |
| Protective measure | Can the hazard be eliminated? | Assess the possibility, content and effect of suitable measures. |
The table summarises the statutory assessment framework. The specific technical and legal classification depends on the project and installation records.
Section 55 regulates the response to an existing prohibited state as well as the prohibition itself. The cableway undertaking must report such a state to the authority. The provision therefore assigns a specific reporting duty where its statutory conditions are met.
After the report, the authority must order the removal of the state. The provision thus links the existing state to an administrative response. The measures required in an individual case depend on the specific hazard and the installation affected.
For the file, the state should be recorded with plans, the current installation status and a description of the hazard. This makes clear what the report and any later authority order concern.
The hazard area under section 55 concerns projects or acts near an existing cableway installation and their effects on the installation and its operation. Concession renewal addresses a different question: how an expiring concession can continue under the statutory framework.
After a refurbishment, the issue is different again. The article on operating permits deals with combining the permit with the building approval and with the completion status under sections 46 and 47. Expropriation for the cableway itself is also a separate legal question.
This distinction prevents a project from being assigned to the wrong assessment route merely because it is near a cableway. The legal subject of the project must be identified first.
For an initial assessment: Describe the project, the affected parts of the cableway installation, the possible effect on its existence or safe operation and the protective measures considered. Section 55 of the Austrian Cableways Act 2003 connects these points to the prohibition and regulates reporting and removal where a prohibited state exists.
Section 55 of the Austrian Cableways Act 2003 does not state a general metre limit. The relevant question is whether a specific building, other installation or act in the surrounding area endangers the cableway, its appurtenances or regular or safe operation and suitable protective measures are not possible.
The provision names the construction of buildings or other installations and other acts by the cableway undertaking or third parties. The specific hazard to the installation or its operation must also be established.
Yes. The prohibition under section 55 requires that suitable protective measures to eliminate the hazard are not possible. Their content, feasibility and effect must therefore be assessed specifically.
Under section 55, the cableway undertaking must report a prohibited state to the authority. The authority must order the removal of that state.
No. Section 55 concerns the hazard area around the installation and the effects of hazardous projects or acts. Renewal of an expiring concession must be assessed separately under section 28 of the Austrian Cableways Act 2003.
Completion status, outstanding measures and the permit route after refurbishment.
Applications, deadlines and continuation for an expiring concession.
Safety requirements and fare questions in cableway transport.
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