Art. 49 General provisions
1 The procedures governing construction licences for nuclear installations and licences for geological investigations are governed by the APA17 unless this Act provides otherwise.18 1bis If compulsory purchases are required, the provisions of the Federal Act of 20 June 193019 on Compulsory Purchase (CPA) also apply.20 2 The granting of a licence encompasses all requirements in accordance with federal legislation. 3 Cantonal licences and plans are not required. Cantonal legislation must be taken into account, insofar as this does not unduly compromise the project. 4 The Department shall consult the canton in which the installation is located before it grants a licence. If the canton should reject the application, but the Department nonetheless issues the licence, the canton shall be entitled to file an appeal. 5 A nuclear installation also encompasses all exploitation and installation sites associated with its construction and operation. Geological investigations and deep geological repositories also include sites for the use or storage of excavated, extracted and demolition material that are directly related to the project in spatial and functional respects. 18 Amended by Annex No 11 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4085; BBl 2018 4713). 20 Inserted by Annex No 11 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4085; BBl 2018 4713). |