1. Special provisions on the issuance of environmental decisions in sectoral legislation in Poland
dr Sergiusz Urban

2. Special provisions on the development of projects of special importance for State economy or safety („spec-Acts”)
Some examples:
Act of 10 April 2003 on the special rules of preparation and development of public roads;
Act of 7 Sptember 2007 on EURO 2012;
Act of 29 April 2009 on the liquid petroleum gas terminal in Świnoujście;
Act of 5 August 2015 on the preparation and development of strategic investments in transmission lines.

3. Main characteristics General remarks:
Derogation of several general rules of administrative procedure and sectoral regulations;
Introduction of special provisions in favour of the investors („streamlining the investment proces”).

4. Main characteristics
1. Restrictions imposed on the proceedings on the issuance of the environmental decision.

5. Main characteristics
2. Automatic assignment of the immediate enforceability to the environmental decisions – the consequences for the challenging these and subsequent decisions.

6. Main characteristics
3. Rules of challenging the environmental decisions.

7. Main characteristics
4. Prohibition of the quashing of the “development consent” in the context of the (complementary) Environmental Impact Assessment conducted as a part of the proceeding preceding its issuance.

8. Conclusions
Do these provisions implement the Principle X of the Rio Declaration? „ (…) each individual shall have (…) the opportunity to participate in decision-making processes. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceedings, including redress and remedy, shall be provided”.

9. THANK YOU DR SERGIUSZ URBAN sergiusz.urban@wkb.com.pl
WKB Wierciński, Kwieciński, Baehr sp.k.
ul. Polna 11 ul. Paderewskiego 7
Warszawa Poznań
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