Gas drilling in Molln

Provincial administrative court rules in favor of conservationists

As reported, gas has already been found - whether the deposit can be used is now being examined.

(Bild: Jack Haijes)

The dispute over the gas drilling in Molln continues: the Upper Austrian Provincial Administrative Court has now ruled that the application to postpone the drilling, which had been submitted by environmental organizations, had been unlawfully rejected. The matter will now go to the Constitutional Court.

After the decision on the controversial gas drilling near Molln was positive, environmental protection organizations such as Greenpeace, Naturschutzbund Österreich and Umweltdachverband submitted complaints and applications to postpone the drilling. This meant that drilling would not have been allowed until the complaints had been dealt with. However, as reported, these applications were rejected and the ADX company continued with the test drilling.

Postponement was unconstitutional
But now there is a twist: The Provincial Administrative Court of Upper Austria ruled in a norm review procedure to the Constitutional Court that the exclusion of the suspensive effect of complaints violated constitutional law, as it did not meet the criteria for safeguarding the rule of law.

The ball is in the court's court
In other words: In the opinion of the Provincial Administrative Court, drilling should not have been allowed until the complaints procedures had been dealt with. The fact that the start of drilling had not been postponed was therefore in breach of Austrian constitutional law. The Constitutional Court in Vienna must therefore now deal with the matter. 

Gas found is being analyzed
According to ADX, the test drilling was successful and gas was indeed found underground. The drilling has already been stopped again. It is now being examined whether the deposit is pure enough to make extraction worthwhile. 

Preventing further destruction
However, environmentalists do not see any comprehensible results for the time being and now fear that "ADX is planning further drilling in the Jaidhaustal valley and at other sensitive locations near the Kalkalpen National Park", says Thomas Wrbka, President of the Nature Conservation Association. The environmentalists are calling for the local nature conservation law to be amended in order to prevent further destruction.