Public Law

Public law is comprised of environmental law, planning law, construction law, administrative law and many other areas of law. Our expertise at SAXINGER extends to all levels of government – local, federal state and national. 

We support you in complying with legal and regulatory requirements, advise you on issuing and changing spatial and technical planning files and conduct strategic environmental assessments (SEA). Our services aim to implement legal requirements efficiently and to make the most of your operational opportunities for use and development.

Legal Consultation in Public Law?

A legal consultation is sensible when you are planning and initiating a project. EU directives and regulations should be considered early on and adapted to local conditions to minimise legal obstacles. 

Situations where enterprises should seek legal advice include:

• Location selection and related questions on development plans, construction projects and approval procedures
• Approval procedure for the construction and operation of facilities as well as changes to existing operations
• Compliance with building regulations, usage specifications and planning projects
• Environmental requirements, such as nature conservation, emission limit values or waste management
• Participation in public invitations to tender or application for subsidies
• Disputes or discrepancies with public administrations or authorities

Contact us now! >>

Our Specialities in Public Law

• Waste Management Law – regulates the disposal and recycling of waste. The goal is to protect the environment and the health of the population as well as ensure the sustainable use of resources.
• Contaminated Site Remediation Law – enterprises must ensure that they do not cause contamination and undertake to remediate contaminated areas.
• Construction Law – is comprised of regulations for the planning, approval and implementation of construction projects. It is divided into public construction law (e.g. building management planning and construction approval procedures) and private construction law (e.g. contractual relationships between clients, architects and construction companies).
• Mining Law/Mineral Resources Law – regulates mining and quarrying of natural resources. The regulations are intended to prevent environmental damage and to ensure sustainable quarrying.
• Railway Law – refers to the safety of railway operations, use of existing railway infrastructure and vehicles and relates to relevant construction projects.
• Energy Systems Law – refers to the set up and operation of energy systems and ensures security of supply and compliance with environmental requirements.
• Forestry Law – is comprised of regulations for the use and protection of forests. Forestry law is aimed at sustainable forest management and includes, above all, regulations on forest land-use planning.
• Industrial Accident Law – applies to all companies that handle hazardous substances or where hazardous substances might result from an accident. The guidelines are intended to protect employees and the population from harm.
• Aviation Law – defines the regulations of civil aviation and relates to the use of airspace and the operation of aircraft. Operational and flight safety are essential here.
• Air Purity Law – refers to measures to reduce air pollution. Enterprises must comply with emission limits and meet environmental requirements.
• Public and Civil Neighbour Law – is comprised of requirements that regulate the relationship of neighbouring property owners and tenants. It is largely derived from the duty of care from the ABGB (Allgemeines Bürgerliches Gesetzbuch [Austrian General Civil Code]).
• Nature Conservation Law – refers to regulations for the protection of nature and landscapes. These measures are intended to preserve habitats and livelihoods and protect biodiversity.
• Regional Planning Law – contains rules for the planning and regulation of areas, especially for regional measures. It is used to promote sustainable and orderly development of towns/cities and regions.
• Road Traffic Law and Rights of Way – regulates governance, commissioning and use of public roads.
• Transportation Law – is comprised of the legal relationships between senders, freight carriers, forwarding agents and recipients. What is primarily relevant in transportation law is the clarification of liability matters in the event of damage.
• Environmental Liability Law – contains regulations on liability for environmental damage. It is comprised of preventive measures to avert damage to the environment.
• Environmental Criminal Law – governs the handling of criminal offences involving environmentally harmful acts (such as air and water pollution or illegal waste disposal).
• Water Law – refers to the use of water, on one hand for drinking and utility water purposes, but also for water as a means of generating energy. According to this law, every person is under an obligation to maintain the purity of and protect water quality.

Our Expertise in Public Law Procedures and Proceedings

In public law, there are a number of procedures whose outcome will significantly influence the future of an enterprise. These procedures range from approval procedures and planning processes to specific regulatory challenges. SAXINGER will support you in setting the decisive course as well as in answering complex legal questions, including with:

We stand by our clients’ side with our expertise and commitment in public law. Below are some of our most recent successful clients.

• Advising the federal state of Salzburg and Schiene OÖ GmbH in the procurement of tram-train vehicles

• Advising ÖBB Produktion GmbH in the conversion of the train radio of the Taurus fleet, including issuing an expert opinion under EU and national law as well as legal support for the contract award procedures and contract review.

• Advising ADX VIE GmbH in proceedings under nature conservation law relating to planned natural gas test drilling near the Kalkalpen National Park.

• Advising Kepler Universitätsklinikum GmbH in the new construction of a €220 million children’s wing.

• Ongoing consulting for Bundespensionskasse AG as an investor in the real estate project, Greenpark 21 in Vienna. Support regarding a complex rezoning procedure, implementation of an environmental procedure to shut down a petrol station as well as advice on the remediation of contaminated areas of land.

Contact and Consultation

As an experienced law firm with locations in Graz, Linz, Wels, Salzburg and Vienna, we offer comprehensive support in official approval procedures, environmental impact assessments and contract award procedures. Trust our expertise in public law.

Contact us now! >>