The introduction of the Act on the provision of information on the environment and its protection, public participation in environmental protection and on environmental impact assessments imposed on investors a number of obligations aimed at the protection of the environment and human health.
If you are planning an investment, you must know whether your investment is required to obtain a decision on environmental conditions.
The decision on environmental conditions is a very important document in the entire investment process. There you will find guidelines on how to carry out the investment so as to minimize the deterioration of the environment. The document is issued by the relevant office after the project's environmental impact assessment has been carried out and it is necessary if the investment qualifies for projects that may significantly or potentially have an environmental impact.
When do you need to obtain a decision on environmental conditions:
when you are planning a new investment;
when you expand your plant;
when you change the technologies used in the plant;
when you plan to implement an investment in several stages;
when you want to submit a notification of construction or execution of construction works and notification of a change in the use of a building object or part thereof;
before adopting a resolution on determining the location of a residential investment or accompanying investment;
when you want to obtain a different decision (list below), you will always need an environmental decision first.
List of main decisions:
building permit decision, construction design approval decision and permit to resume construction works;
decision on building conditions and land development;
permit to collect waste, permit to process waste and permit to collect and process waste;
concession for the exploration or appraisal of an underground carbon dioxide storage complex, a concession for the extraction of minerals from deposits, a concession for underground non-reservoir storage of substances, a concession for underground waste storage and a concession for underground carbon dioxide storage;
a decision approving the operation plan for the performance of geological works related to the exploration and appraisal of a hydrocarbon deposit or an investment decision in order to execute a concession for the prospecting and appraisal of a hydrocarbon deposit and the production of hydrocarbons from a deposit;
decision approving the operation plan for the performance of geological works on the basis of a concession for exploration or appraisal of a mineral deposit;
a decision specifying the detailed conditions for the extraction of a mineral;
a water permit for water regulation, a water permit for the construction of water devices and a water permit for the extraction of stone, gravel, sand and other materials from the water;
decision to approve a land consolidation or replacement project;
decision to convert the forest to agricultural use;
decision on the permit for the implementation of a road investment;
decision to determine the location of the railway line;
decision on the permit to implement an investment in the field of an airport;
decision to determine the location of the regional broadband network, if required;
decision on a permit to operate a mining waste treatment facility;
decision to determine the strategic location of the investment in the field of the transmission network,
decision to determine the location of the investment in the construction of an external port.
The procedure for conducting an environmental impact assessment:
Analysis of the classification of your project - always having a significant or potentially significant environmental impact.
Preparation of an application for a decision on environmental conditions together with a report on the environmental impact of a project (EIS) or a project information sheet (KIP).
Submission of the application to the office empowered to issue the decision.
Commencement of the administrative procedure - verification of the necessity to prepare a report on the environmental impact of the project.
Give of decision
Remember:
offices that issue administrative decisions necessary for the implementation of your investment (decision on development conditions, building permit, etc.) will always take into account the provisions contained in the decision on environmental conditions - therefore it is very important to determine the scope of the requirements in the environmental decision;
as a result of the environmental impact assessment of the project, the office may order you, for example, to perform environmental compensation, to carry out activities aimed at preventing, limiting and monitoring the environmental impact of the project, to present a post-implementation analysis;
if the installation is operated without the required environmental decision, the investor is exposed to specific legal sanctions, such as - annulment of the building permit and / or initiation of proceedings aimed at eliminating the negative impact on the environment or even suspending the operation of the installation;
you can pay a fine for violating the environmental decision - the amount of the fine ranges from PLN 500 to PLN 1,000,000. A penalty may be imposed on an entity that violates the requirements of the decision in connection with the implementation, operation or liquidation of the project;
Our team of specialists with appropriate knowledge and professional experience is involved in the procedure of obtaining decisions on environmental conditions, which guarantees high quality of documentation and project management aimed at minimizing the time needed to obtain a decision.
We prepare the necessary documentation, obtain all necessary arrangements, represent clients before public administration bodies and participate in the entire administrative procedure.
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