- Decision on the environmental conditions.
Almost all renewable energy sources except for the solar energy have influence on the ecosystem and environmental impact. As a result, the building of such structures or devices associated with the operation of such energy sources requires a decision on environmental conditions. Such a decision, upon a request of the entity, is taken by the head of the municipality, mayor, or the president of the city having jurisdiction over the location of the investment. The issue of the above decision is preceded by an assessment of the environmental impact. In case of recognition of the establishment as likely to have a significant impact on the environment, the authority shall issue an order on the basis of which it obliges the applicant to prepare an environmental impact report.
The application for the above mentioned decision should be accompanied by:
- a report on the impact of the project on the environment or a project outline specification (for investments that could only potentially impact on the environment);
- a copy certified by the relevant authority of a cadastral map covering the anticipated area on which the project will be implemented, and covering an area that will be affected by the project;
- an extract from the land register covering the anticipated area.
The issuance of the decision on environmental conditions takes place prior to obtaining the water permit and prior to obtaining a construction permit.
- Report on the environmental impact
It is required in relation to investments that could significantly affect the environment. A list of such investments is included in the Regulation of the Council of Ministers of November 9th, 2010 on projects likely to have significant effects on the environment.
It states that such investments include extracting minerals from deposits by underground mining of minerals of a quantity not less than 100,000 m3 per year;
The report on the environmental impact of the investment should contain the data indicated in Article
66 of the Act of October 3rd, 2008 on sharing information about the environment and its protection, public participation in environmental protection and environmental impact assessments.
Instead of a report on the environmental impact of the investment, the entity concerned may submit the project outline specification along with an application for the determination of the scope of the report. Determining the scope of the report is done by means of a decision
- Project outline specification
The following projects have been identified as potentially likely to have significant effects on the environment. It is the extraction of minerals from the deposit:
a) by the underground method or by bores other than those mentioned above,
b) on the territorial waters of the Republic of Poland other than provided with deposits of oil or from inland surface waters.
In such cases, it is sufficient to draw up a project outline specification for the purposes of a decision on environmental conditions.
- Water permit
The Act of July 18th, 2001 - Water Law lists the use of water for energy purposes in a specific category, reaching beyond the common or ordinary use. Therefore, the law imposes the obligation to obtain a water permit.
A water permit for specific water use is simultaneously a permit for the construction of water devices designed for the specific water use.
A water permit for special use of water is issued for a period not shorter than 10 years.
The water permit indicates the purpose and scope of the use of water, conditions for the exercise of the powers and duties necessary for the protection of environmental resources, the interests of the population and the economy.
An integral part of the water permit for dependent use of surface water by means of devices designed for their impoundment or a dependant use by more than one plant is a water management manual, certified in the granted permit or by a separate decision.
A water permit is issued on a basis of an application. The application should be accompanied by:
• a report on water and law matters
• a zoning approval or a descriptive and a graphic extract from the local spatial planning act, if the decision is not required;
• a description of the intended business conduct drawn up in a non-technical language.
- Report on water and law matters
The report is drawn in descriptive and graphic form.
The descriptive part of the report contains:
• the designation of the entity applying for the permit and the address of its registered office;
• specification of the purpose and scope of water use, the type of measuring equipment and water navigation marks,
the legal status of the property and planned construction of water facilities, obligations towards third parties;
• characteristics of the waters covered by the water permit;
• the findings arising from the conditions of water use in the water region;
• indication of the effect of water management of the plant on surface waters and groundwaters,
• the procedures in case of start-up, stopping of the activities or an event of damage, as well as the size and conditions of the use of water and water facilities in these situations;
The graphic part of the report contains:
• plan of water facilities applied on the situation and elevation map of the area with indicated real property, located in the range of the impact of intended use of water or planned construction of water facilities, together with marking of the real estate surface, their owners and their address details;
• the basic cross and longitudinal sections of the water facilities and troughs of water flowing channels in the range of impact of these devices;
• schematic arrangement of measuring devices and water navigation signs;
• functional or technological diagram of water facilities.
The report on water and law matters, on the basis of which a water permit is granted for the purpose of extraction of groundwater or a structure operating by means of boreholes, must be accompanied by a hydro-geological documentation.