DECISION ON ENVIRONMENTAL CONDITIONS
Environmental decision
You are planning to implement a project that can have a significant impact on the environment natural, and you need it decision on environmental conditions? Don't rely on chance! At EkoMeritum, we will prepare the necessary documentation for you, thanks to which your application will meet all formal and legal requirements. Check how we can help you.
A decision on environmental conditions (also called an environmental decision) is often required as an indispensable attachment to an application for a building permit. In order to obtain it, a detailed description of the investment is submitted to the Authority to enable assessment of its impact on various aspects of the environment.
The lack of required documents or their incompleteness may delay the entire investment process and sometimes result in rejection of the application issuing a decision on environmental conditions. If you immediately rely on the help of our experts, you will be guaranteed that proceedings will be initiated by the Authority and you will avoid unnecessary nerves. Here's what we can do for you.
Ekomeritum offers preparation of documentation Project Information Cards and Environmental impact assessment reports as studies attached to applications for decisions on environmental conditions.
Our specialists will support you knowledge and experience so that the documents do not contain formal and substantive deficiencies. Thanks to this, the proceedings in regarding the issuance of a decision on environmental conditions will proceed without unnecessary delay.
You want the documentation attached to the application to be issuing an environmental decision was it complete and correctly completed? Or maybe you're wondering if you need to apply for it at all. Call us or write to us. We will answer all your doubts about investment implementation in terms of environmental protection.
I. Decision on environmental conditions - What type of decision is this?
Decision on the environmental conditions for consent to the implementation of the project it is an administrative decision issued at the request of an individual, company or institution.
It is a decision preceding the issuance of other decisions - the beginning of the investment process. It is important, among others: In preparation and implementation of housing investments, communication and others, because construction cannot be started without consent.
As part of the proceedings o issuing a decision on environmental conditions the office conducts an analysis, as a result of which it decides whether the project will have an excessive impact on the environment, causing unfavorable effects in the environment. The purpose of this process is to eliminate certain investments, preventing unfavorable changes in the conditions in a given area and informing the investor about the need to find another location or abandon the investment if it could be unprofitable under other conditions.
Thanks to our efforts Many administrative procedures ultimately end with the Investor's success receives a POSITIVE DECISION - a document entitled: DECISION ON ENVIRONMENTAL CONDITIONS.
II. Decision on environmental conditions.
"When do we need it?"
In accordance with the provisions contained in Article 72 of the Act on providing information on the environment and its protection, public participation w environmental protection and on environmental impact assessments (Journal of Laws 2008, No. 199, item 1227), decisions on environmental conditions are needed, among others: before getting:
- decision to authorize the implementation of a road investment,
- decision on determining the location of the railway line,
- decision to authorize the implementation of the investment in the field of a public airport,
- decision on determining the location of the investment in the scope of the terminal,
- decision to authorize the establishment of an airport,
- and other decisions.
III. Decision on environmental conditions. – What types of equipment, installations, processes and buildings require a decision on environmental conditions?
There are many installations and buildings for which we need a decision on environmental conditions at the stage of applying for a building permit.
There are two groups of projects covered by the decision on environmental conditions. These are investments:
a) likely to have a significant impact on the environment,
b) investments that always have a significant impact on the environment.
The full list is included in the regulation Council of Ministers of September 10, 2019 regarding possible projects have a significant impact on the environment (Journal of Laws 2019, item 1839).
The above-mentioned regulation precisely specifies investment parameters (e.g. area or production volume, storage capacity/depth), which determine whether projects are to be classified as subject to the need to obtain a decision on environmental conditions. Among the investments listed in the regulation are the following types of projects:
Building
residential development along with the accompanying infrastructure;
garages, car parks or car park complexes;
industrial buildings, including development with photovoltaic systems or storage, along with the accompanying infrastructure;
shopping centers together with the accompanying infrastructure and theme parks;
Installations and devices
breeding and farming of mink and other animals, farming or farming of fish in ponds of various types and installations for tanning or refining leather;
mixing, emulsifying or packaging chemical intermediates and products;
installations to above-ground storage: crude oil, petroleum products, certain non-food substances or mixtures, flammable gases, certain fossil fuels
and other installations or processes.
Obtaining decisions on environmental conditions is also necessary if the entrepreneur applies for give of decision:
- on development conditions and real estate development,
- regarding changes in the use of a building,
- regarding the notification of construction works.
IV. Decision on environmental conditions. Who has the authority to make decisions? Who makes the decisions?
Issuing decisions on environmental conditions in the case of frequently encountered projects are dealt with by: the commune head, mayor, president of the city, staroste or director of the regional directorate of the State Forests competent for the location of the investment.
In the case of certain investments on a national scale (larger or located in closed areas, in marine areas or strategic investments), it is the Regional Director for Environmental Protection or even the General Director for Environmental Protection.
Legal basis: Art. 75 of the Act on sharing information about (…).
V. Application for a decision on environmental conditions – what should it contain?
In order for an application for a decision on environmental conditions to be considered by the Authority, it must contain a number of annexes, including the above-mentioned Project Information Sheet and/or Report about impact of the project on the environment. The documents should also include:
- extract from land register,
- cadastral map,
- extract and extract from local development plan,
- proof of payment of stamp duty.
Not sure how to get the necessary attachments? At EkoMeritum, we will tell you everything. Just contact us.
VI. Decision on environmental conditions. Issuance procedure.
When does an investment not require an environmental decision (DOŚ)?
If the applicant applies for a decision on an investment that does not require a decision on environmental conditions (i.e., by law, it is not classified as having a significant impact on the environment, listed in the REGULATION OF THE COUNCIL OF MINISTERS on projects that may have a significant impact on the environment), the authority competent to issue the decision should issue a document informing that there is no need to apply for a decision. Usually it is notification of the lack of qualification of the project to obtain a decision on environmental conditions.
When does an investment require an environmental decision (DOŚ)?
When examining the Investor's application, the Office looks at such aspects as the impact of the investment on the environment. He considers the impact of the investment in question on its various aspects: air, water, land, protected natural areas. The office also evaluates impact of noise emissions on neighboring areas, waste management in relation to the possibility of lawful disposal of waste from the property, minimizing the amount of their production and possible waste treatment processes at their place of origin. An important aspect that the Office is looking at is also sewage disposal and protection of the environment against their negative impact.
When examining the application (reading the documentation describing the project in the form of a document called the Project Information Sheet or Report on the environmental impact of the project), the Office assesses the impact of the investment during its construction and planned operation.
1. At the very beginning, the authority competent to issue a decision to which the submitted application is submitted checks its completeness in formal terms, e.g. whether there are any attachments in the application (e.g. copies or originals of necessary documents). If they are missing, he asks the applicant to supplement them. When the formal completeness of the application is confirmed, the Office proceeds to further activities - it asks for opinions from other Authorities.
2. In order to obtain the opinion of three bodies: the Regional Directorate for Environmental Protection, Polish Waters and Sanepid, the head of the commune or the president of the city sends an application to them together with the attached documentation. For this reason, the application together with the documentation describing the project is submitted to the Office in several copies. Each of the reviewing bodies has the right to request clarifications to the content and content of the documentation attached to the application - which is used in 99,99% of procedures.
3. After receiving the opinion from each of the bodies issuing the opinion, the Office issuing the decision proceeds to its preparation.
4. The Office is obliged to enable the parties (e.g. immediate neighbors) to familiarize themselves with the investment and to familiarize themselves with the content of the prepared and issued decision before it becomes final.
At each stage of the administrative procedure, the Offices usually maintain lively correspondence with the Investor and the parties. The time of this correspondence (the duration of sending documents back and forth) and the time given for responding to letters are not included in the time given to the Authorities by the Legislator to carry out the administrative procedure. Offices often use data gates through the KPA (Code of Administrative Procedure) to extend the procedure.
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Decision instead of issuing a decision on environmental conditions
After examining the Project Information Sheet, there are cases that the competent authority to issue a decision, instead of issuing a decision on environmental conditions, decides on the need to carry out an Environmental Impact Assessment of the Investment, i.e. on the need to submit a document called Report on the impact of the project on the environment.
In some cases, the authority competent to issue a decision, examining the application to which the Project Information Sheet is attached, is not able to unequivocally state on its basis whether a given Investment can be approved. The authority considers it necessary to carry out a detailed environmental impact assessment. In this case, the decision on the need to submit a document called the "Report on the impact of the project on the environment" forces the Investor to present a more detailed analysis of the investment, including also modeling the spread of gases and dust in the air and the impact of noise on the surrounding areas. During the preparation of the Environmental Impact Report, the most common practice is to suspend the administrative proceedings until the submission of the Report by the applicant.
Additional obligations may be imposed in the decision, including: inventory of flora and fauna, inventory of trees and shrubs, submission geotechnical opinion e.g. foundation of the tank in the ground, etc. The applicant wishing to obtain a positive decision should comply with the requirements listed in the decision.
The document "Report on the impact of the project" (conducting the environmental impact assessment procedure) is to provide the decision-making public administration body with information whether the investment's intervention in the environment has been planned in an optimal way and whether the benefits resulting from its implementation compensate for environmental losses that are usually impossible to avoid.
When the relevant documents are completed, the Investor applies for suspension of the proceedings by submitting to the Office at the same time the documentation "Report on the impact of the project on the environment" and other necessary documents. The Office then proceeds to further activities aimed at completing the work on examining the application and finally issuing a decision. Also at the stage of analyzing the "Project Impact Report" documentation, the Office has the right to consult the Regional Directorate for Environmental Protection, Polish Waters and Sanepid.
You want to commission the preparation Project Impact Assessment specialists? Or maybe you are looking for support in preparing an Environmental Impact Report? We'll be happy to take care of it.
Decision on environmental conditions - negative decision
Occasionally, there are situations of issuing a negative decision for the Investor.
Issuing a negative decision during the procedure of examining the application for a decision on environmental conditions at such an early stage of the investment or indicating requirements that cannot be met makes it possible to avoid unnecessary further costs for the Investor.
Placing the need to apply for a decision on environmental conditions at such an early stage of the entire investment process, i.e. the process of obtaining subsequent and necessary decisions, seems to be beneficial by all means. It prevents the implementation of many unnecessary and time-consuming actions, the senselessness of which the investor learns so quickly that he is able to decide to change the location of the investment without exposing himself to the loss of time and unnecessary financial outlays.
VI. Decision on environmental conditions. – How long is it valid?
The document of the decision on environmental conditions is attached to the application for issuing other decisions and notifications.
The DOŚ is valid for 6 years, provided that the Investor or his proxy within this period, submits an application or submits an application for another necessary permit or approval of the application in the Investment procedure, to which the decision on environmental conditions is a necessary attachment.
Example may constitute a timely submission of an application for a building permit up to 6 years from the date on which the decision on environmental conditions became final.
Law also describes a few exceptions that do not fall under this rule.
The ELD is valid for 10 years under the condition, that the submission of an application/notification (with regard to decisions/notifications) subsequent to the decision on environmental conditions in the investment procedure (for example, an application for a building permit) will take place within 10 years from the date on which the decision on environmental conditions became final ,
with the additional condition that the party that previously submitted the application for a decision on environmental conditions or the entity to which the decision on environmental conditions was transferred received from the authority that issued the decision on environmental conditions in the first instance (within the period of 6 years from the date on which the decision on environmental conditions became final) that the conditions for implementing the project specified in the decision on environmental conditions or the decision on agreeing the conditions for implementing the project (if issued) are valid.
The position is taken at the request which takes into account information on the state of the environment and the possibility of meeting certain conditions to be met by the Investor in the decision on environmental conditions or the decision on agreeing the conditions for the implementation of the project.
Application for taking a position shall be submitted to the authority not earlier than after 5 years from the date on which the decision on environmental conditions became final, and the position is taken by way of a decision which may be appealed against.
The material is for information purposes only and is not an interpretation of the law. Due to possible changes in applicable law, all information provided should be verified and checked for validity.
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