Court overturns fine as Altach gravel site seeks new permit
Wednesday 9th September 2026 on 15:00 in
Austria
A gravel storage site operated by Kopf Kies in Altach for about 20 years must now be approved under a different law, ORF Vorarlberg reports. The company has applied for a permit under the Mineral Resources Act and for a new nature conservation permit.
The site previously operated under a nature conservation permit, which had been extended several times since 2005. According to the State Administrative Court, it did not have a permit under the Trade Regulation Act during the period examined.
In 2025, the district authority fined operator Franz Kopf 1,500 euros for allegedly modifying an already approved industrial facility without authorisation. The changes included adding fill material and storing concrete blocks.
The fine failed in court because there was no industrial facility approved under trade law at the location. Kopf therefore could not be punished for unauthorised alterations to such a facility. The State Administrative Court overturned the fine and discontinued the proceedings.
Kopf said the ruling supported his view that the Mineral Resources Act should apply to the storage site. He said he had repeatedly made that case to the district authority. The company has now applied for the required permit and a new nature conservation approval.
Patrik Nickel, a competitor whose company had previously reported the case to the district authority, reached the opposite conclusion. He said the proceedings showed that part of the operation had been used for years without the necessary permit. Kopf rejected that view, saying the authorities had known about the operation and had repeatedly approved the site under nature conservation law.
A hearing at the site took place on Wednesday morning, but no decision has yet been made. Kopf said written statements from some experts were still outstanding and described the hearing as objective and constructive. He expects a decision soon and hopes for a positive ruling. Until the new permit under the Mineral Resources Act is issued, the site cannot continue operating, he said.