The environmental impact report (the so-called Report) is a study containing the characteristics of the project prepared on the basis of the investment spatial development plan, the Investor's concept and often the decision of the authority indicating the scope of the study. Submitting the Report to the authority, supplemented with the necessary attachments, allows you to apply for decision on environmental conditions. The environmental decision is often attached to the application for a building permit.
We offer preparation of the Report, as well as support to the Investor during the administrative procedure conducted by the authority in the scope of considering the application. Our activities, if covered by the offer, also include making clarifications and additions to correspondence received from the authority on the basis of arrangements made with the Principal, as well as documents provided by the Investor.
The environmental impact assessment report (also known as the project's environmental impact report or EIA report) is one of the two types of documentation prepared to be attached to the application for a decision on environmental conditions.
The environmental impact assessment report is prepared for investments classified as always having a significant impact on the environment. This type of investment is separated from all undertakings. Specific types of projects, which are defined as always having a significant impact on the environment, are presented in the form of a list in the Regulation of the COUNCIL OF MINISTERS on projects likely to have a significant impact on the environment.
The application is submitted to the Office competent for the location of the project.
The environmental impact assessment report as an attachment to the application for a decision should contain:
In addition, Environmental Impact Assessment Reports (which are part of the application for a decision) should also describe: issues in graphic form and in cartographic form; an analysis of possible social conflicts, proposals for monitoring the impact of the project, a non-technical summary of the information contained in the report, etc.
Environmental impact assessment report. – What additional documents should be attached to the application for a decision on environmental conditions (i.e. to the Environmental Impact Assessment Report submitted to the Office)?
The environmental impact report of the investment (a component of the application for a decision) is submitted in 4 copies in paper and electronic versions. It is accompanied by a certified cadastral map covering the area of the project and the area on which it will have an impact; excerpt and excerpt from the Local Spatial Development Plan (if it has been adopted for this area) and excerpts from the land register for the investment site and the areas directly adjacent to it (attaching a document of excerpts from the land register is not necessary when the number of parties to the procedure for issuing a decision on environmental conditions exceeds 10). Documents that may or may not be needed include: inventory of flora and fauna, inventory of trees and shrubs, geotechnical opinion, geological and engineering documentation.
It is sometimes required as part of the application for a decision in order to submit it to the office examining the application for a decision on environmental conditions for information. It is, in a way, a list of plant and animal species inhabiting the investment area; species of animals whose migration routes run through the investment area.
It is a team of environmental studies carried out according to the methodology adopted by the specialist. An inventory of flora and fauna is made during several visits to the area of the planned investment. Visits must be made during the growing season. The person doing this type of inventory is usually a specialist naturalist. After completing all planned visits, he will prepare a report on the inventory of flora and fauna, which will later be an attachment to the environmental impact assessment report. While preparing the report, the naturalist's task is to describe all species of animals and plants living in the area of the planned investment, which are valuable to society. The focus is usually on taking care of rare, often protected species, so that the investment does not lead to their depletion or even extinction in a given area.
It is the documentation attached as part of the application for a decision on environmental conditions.
An inventory of trees and shrubs is an examination (measure) and listing of plants located in the area where the project is to be located in the future. A specialist naturalist visits the area of the future project, measures and at the same time assesses the condition of the stand of trees and shrubs. Then he records his assessment in the form of a short report. The specialist selects diseased or dead trees in order to eliminate them from the area and describes the trees colliding with the buildings/installations of the project and indicates the possible place and conditions for replanting these plants or their replacement. Replacement of plant specimens should take place in such a way that, adequately to the age and natural value of the transferred trees or shrubs, it does not deplete the natural stand of trees and shrubs in the investment area.
The geotechnical opinion (constituting a part of the application for a decision) determines the geotechnical category of the object. It depends on the complexity of the ground conditions and the structure of the building.
The opinion is prepared in order to characterize the possibility of transferring deformations and vibrations, the degree of complexity of the impacts, the degree of threat to life and property due to the structure failure and the possibility of the facility's impact on the environment. An example of an installation that requires a geotechnical opinion is a diesel oil tank built into the ground.
We distinguish 3 geotechnical categories.
In all three categories a geotechnical opinion is made.
In the second and third category additionally, ground tests and a geotechnical design are performed.
For the third category and in complex ground conditions, it is necessary to prepare geological and engineering documentation.
This documentation is needed when there are complex ground conditions detected during the carried out soil testing. In order to prepare for the preparation of this geological-engineering documentation and documentation of subsoil tests (geotechnical foundation conditions), a geological works plan should be prepared in advance and approved by the office. After receiving the decision, the willingness to carry out the works is reported, and after their completion, geological and engineering documentation is prepared. Soil tests are carried out in the form of field sampling and then examination or/description of previously collected samples. Geological and engineering documentation is prepared on the basis of the tests carried out. It requires approval by the Office. It contains conclusions and recommendations prepared for the Investor or persons acting on his behalf (design and construction company) regarding the necessary drainage systems and the planned types of foundations.
Most of the applications go to the commune head, mayor, city president, starost and the Regional Director for Environmental Protection.
Some reports are submitted to the director of the regional directorate of the State Forests competent for the location of the investment, and in the case of investments of a national scale, investments of greater importance, strategic or located in closed and marine areas to the General Director for Environmental Protection.
The Office may call for the completion and delivery of the missing documents, i.e. the so-called filling in formal deficiencies. The time to make additions is usually 7 days. After this stage, the office initiates administrative proceedings.
After formally completing the documents, the Office usually requests three, and sometimes four Offices for an opinion. Usually, it applies to the Regional Directorate for Environmental Protection (RDOŚ), the State Sanitary Inspection (PIS), the State Water Holding (PGWP). Sometimes it happens sporadically that he will apply to the Office issuing the integrated permit. This situation may occur when the installation requires an integrated permit. The first three of the above-mentioned offices have the option of summoning the Investor for supplementation, this time in the substantive scope.
RDOŚ, PIS, PGWP have 30 days to issue an opinion. However, these 30 days do not include the time given for the preparation of supplements by the Investor, the duration of correspondence (sending letters and explanations), delays and other reasons beyond the Office's control.
In addition, the procedure includes another element, which is the Office's obligation to ensure public participation in administrative proceedings (such an element of the procedure occurs when examining the environmental impact report documentation). The Office provides public access in the form of so-called public consultations, which last 30 days.
If the Environmental Impact Assessment Report has been positively assessed by the office, a notification of completion of the procedure is issued.
The Office issues a decision on environmental conditions. This decision includes a description commonly referred to as the agreement on the terms of the investment. It takes 7 days to issue a decision on environmental conditions. Publication of information on the issuance of the environmental decision and the possibility of getting acquainted with the collected material in accordance with Article 10 of the Code of Administrative Procedure is 7 days
Another 14 days are needed for the environmental decision to become final from the legal point of view.
If the report on the impact of the project on the environment has not been positively assessed, the office usually exercises the right to refuse consent to the implementation of the project.
Act amending the Act on sharing information on the environment and its protection...) led to a change in the form of informing about pending proceedings when the number of parties exceeds 10. So far, the limit number was 20 pages (Article 49 of the Code of Administrative Procedure). Above this 10th page, no individual notifications are made in the form of sending a letter, but collective notification of the parties is used in the form of a public announcement, commonly referred to as an announcement. Another form of notification is a public announcement in the form customary in a given locality, and yet another form of making the letter available in the Public Information Bulletin, e.g. on the website of the competent authority (e.g. in the BIP on the Office's website).
Below are links to detailed information on: "Environmental Impact Assessment Report"
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.