With this Morning for Budowlanka, we begin a series on decisions on the environmental conditions for consent to implement a project, or DŚU for short. This decision is also commonly referred to as an environmental decision. The aforementioned decision was introduced by the Act of 18 May 2005 amending the Environmental Protection Law and certain other acts, and subsequently amended by 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 (hereinafter "Environmental Law").
A project, within the meaning of the aforementioned Act, is a construction project or other environmental intervention involving the transformation or change of land use. Pursuant to Article 71, paragraph 2, points 1 and 2 of the Environmental Protection Act, obtaining an environmental impact decision is required for planned projects that may always have a significant impact on the environment and for projects that may potentially have a significant impact on the environment. An environmental impact assessment is conducted as part of the procedure for issuing an environmental impact decision (Article 61, paragraph 1, point 1 of the aforementioned Act). The catalog of projects that may significantly impact the environment or that may potentially impact the environment is specified in the Regulation of the Council of Ministers of September 10, 2019, on projects that may significantly impact the environment. Enterprises that may significantly impact the environment include power plants using non-renewable energy sources, waste processing plants, vehicle dismantling and scrapping stations, water-damming structures with a water height of at least 5 meters, as well as railways, roads and highways, airports, and seaports. Projects that may potentially significantly impact the environment include hydroelectric power plants, forges, foundries, wind farms, steam or hot water transmission facilities, distribution facilities and underground storage of raw materials such as crude oil, production and repair shipyards, ski areas and jumps, bobsleigh tracks, shopping centers and associated infrastructure with a usable area of at least 0.5 hectares in nature conservation areas or 2 hectares in other areas, as well as educational, cultural, and healthcare facilities.
Obtaining an environmental decision is not required when the sole purpose of the 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 investment must be reported to the Regional Directorate for Environmental Protection.
To obtain an environmental decision for a project that does not fall under the exemption described above, it is necessary to submit an appropriate application to the competent authority along with the necessary attachments. The required attachments include: an environmental impact report or project information sheet, a certified copy of the cadastral map, a detailed map of the investment site and areas that may be affected by the investment, an excerpt from the land register, and proof of payment of the appropriate stamp duty.
An investor seeking an environmental decision must complete the environmental impact assessment procedure. This procedure consists of several stages, including: reviewing the environmental impact report submitted by the investor, obtaining legally required opinions and approvals, and ensuring public participation. This process involves collecting extensive information about the environment in the location of the planned project. Some projects may require field surveys to inventory animal and plant species, as well as habitats located within the project area. The authority authorized to issue an environmental decision is generally the commune head, mayor, or city president, with jurisdiction over the location of the property subject to the decision. In the case of land consolidation, exchange, and division projects, the local starosta will be responsible, while the Director of the Regional Directorate of State Forests will be responsible for converting State-owned forests into agricultural land. In the case of specialist investments that always have a significant impact on the environment, e.g. projects implemented in maritime areas, projects implemented in the field of investments in railway lines, investments in flood protection structures, the Regional Director for Environmental Protection is competent to issue an environmental decision.
The investments listed above, which qualify as projects that may always have a significant impact on the environment, always require the preparation of an environmental impact report. Projects that may only potentially have a significant impact on the environment do not require the aforementioned report, and the office assessing the investment's environmental impact can only rely on the project information sheet provided by the investor. The environmental impact decision specifies how the investor should carry out the project to minimize the risk of environmental deterioration.
In the case of the projects mentioned, which can always have a significant impact on the environment, the office is obligated to assess the investment's environmental impact before issuing an environmental decision. The office assesses the investment's impact on, among other things, the landscape, historical monuments, human health and living conditions, and the environment. To accomplish this, the office issues a decision requiring the preparation of a full environmental impact report. The report should include a detailed description of the planned investment and its environmental impact, as well as identify ways to prevent and minimize the project's negative impact on the factors mentioned above.
The body issuing the decision on environmental conditions makes public information about the planned project and, pursuant to Article 39, point 1, paragraph 4 of 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, sets a 21-day period for public consultations on the project.
Regardless of the number of investment stages required to be completed, one environmental decision is issued for all of them.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of October 11, 2022
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