In today's Morning for Construction, we continue our series on decisions regarding the environmental conditions of project approval, also known as environmental decisions. This time, we'll explore a topic of crucial importance to most developers: when is an environmental decision required?
The purpose of decisions on environmental conditions is to determine possible negative environmental effects related to the implementation of projects.
Returning to the definition included in the Act of 3 October 2008 on the provision of information on the environment and its protection, public participation in environmental protection and environmental impact assessments, a project is a construction project or other interference with the environment consisting in the transformation or change of the use of land.
Pursuant to Article 71, paragraph 2, points 1 and 2 of the aforementioned Act, obtaining a decision on environmental conditions is required for planned projects that may always have a significant impact on the environment (for this group of projects, it is necessary to prepare an environmental impact report) and projects that may potentially have a significant impact on the environment (for these projects, a Project Information Card is prepared, and the relevant authority will decide whether an environmental impact report should also be submitted).
By environmental impact, the legislator also understands impact on human health, and everyone has the right to information about the environment and its protection, under the terms specified in the Act. The environmental impact assessment process is a fundamental instrument for identifying the threats and negative environmental effects that a project may pose.
It's a good idea to confirm whether a planned project requires an environmental decision. A catalog of projects that may or may not significantly impact the environment will certainly be helpful. This catalog is defined in the Council of Ministers' regulation of September 10, 2019, regarding projects that may significantly impact the environment, which we discussed in detail in the previous Morning.
Obtaining various types of decisions during the investment process often requires the investor to obtain an environmental decision . Environmental decisions are attached to applications or notifications. Such decisions include:
- decision on a building permit, decision on approval of the construction design and decision on permission to resume construction works;
- decision on the conditions of development and land development;
- a water permit for water regulation, a water permit for the construction of water facilities and a water permit for the extraction of stone, gravel, sand and other materials from water;
- decision on approval of a project to consolidate plots or exchange land;
- decision to convert the forest into agricultural use;
- decision on permission to implement a road investment;
- decision on determining the location of the railway line;
- decision on permission to implement an investment in a public airport;
- decision on determining the location of a regional broadband network;
- decision on permission to implement flood protection investments;
- decision on determining the location of a strategic investment in the transmission network.
An environmental decision is valid for six years from the date it becomes final. This period can be extended to 10 years, provided that, in specific cases, the applicant has received official approval.
Obtaining an environmental decision is not required when the sole purpose of the planned project is national defense and security, as well as conducting rescue operations and ensuring civil safety in connection with counteracting or removing direct threats to the population, such as tornadoes or floods. However, before commencing an investment exempt from the requirement to obtain an environmental decision, the need for such an investment must be reported to the Regional Directorate for Environmental Protection.
From a practical perspective, before applying for all the formal and legal documents necessary for the implementation of the investment, it is in the investor's best interest to obtain detailed knowledge of the protected areas near the planned investment. This primarily includes forms of nature conservation such as Natura 2000 sites, nature reserves, national parks, landscape parks, protected landscape areas, nature and landscape complexes, ecological sites, documentation sites, and natural monuments.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of October 17, 2022
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