Tightening of environmental restrictions from 1 September 2022

Tightening of environmental restrictions from 1 September 2022

On September 1, 2022, the Act of July 22, 2022 amending certain acts to counteract environmental crime entered into force. The act amends as many as nine legal acts, tightening the existing rules of liability for crimes and offenses against the environment, and changes the powers of environmental protection institutions.

Most of the changes concern the provisions of the Penal Code as regards the tightening of imprisonment sentences for the perpetrators of specific environmental crimes. The amendment to the act introduces an increase in the lower and upper limits of penalties, including:

• for causing damage to nature - imprisonment from 6 months to 8 years;
• for importing from or transporting hazardous waste abroad without the required notification or permit or contrary to its conditions - from 2 to 12 years;
• for water, air or earth surface contamination with a substance or ionizing radiation - from 6 months to 8 years;
• for illegal storage, disposal, processing, recovery, neutralization and transport of waste that may endanger human life or health or cause a reduction in the quality of water, air, land or destruction in the plant or animal world - from one year to 10 years;
• for abandoning hazardous waste in a place not intended for its storage or storage - from 2 to 12 years old;

if the pollution occurs in connection with the operation of the installation operating within the plant, in the scope of using the environment for which a permit is required - from one year to 10 years.

The Code of Petty Offenses has also changed significantly:

• the maximum fine for littering public places has increased up to PLN 5,000
• the minimum fine for littering public places cannot be less than PLN 500;
• the maximum fine for the removal of vegetation by burning agricultural land, railroad areas, roadside strips, reeds or rushes will be PLN 30,000;.

The amendment to the Criminal Code provides for punishment not only for offenses, but also for attempts, incitement and aiding aiding. In addition, the Penal Code introduces obligatory surplus in the amount of 10 thousands PLN up to PLN 10 millions. adjudicated by a court against the perpetrator for an intentional crime against the environment. If the offense is committed unintentionally, the penalty will be charged on an optional basis. According to the regulations, the funds will go to the National Fund for Environmental Protection and Water Management.

It has also changed responsibilities for companies. Before the Act's entry into force, a natural person (e.g. the president of the company) was first convicted of a crime, and then the company itself was also responsible for the destruction of the environment. Now the company will be liable for an environmental crime, even if it cannot be attributed to a specific natural person. The rules of imposing fines on collective entities have also been modified. The lower limit on which a fine may be imposed has been increased from PLN 1,000 to PLN 10,000. The upper limit has not changed and amounts to PLN 5,000,000. Moreover, the restriction stating that the penalty imposed may not exceed 3% of the revenue generated in the financial year in which the prohibited act was committed has been removed.

The last significant change in the new act is strengthening the competences of Environmental Protection Inspectors. Environmental protection inspectors are empowered to issue fines for environmental offenses, and the requirement to present their ID has been abolished. This will facilitate the observation and recording of video and audio accompanying the activities of criminals, collecting and securing evidence of a crime or offense.

The text of the Act of 22 July 2022 amending certain acts to counteract environmental crime is available:

https://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU20220001726/O/D20221726.pdf