Broader powers of the Environmental Protection Inspectorate
On 7 June 2018 the Government Legislation Centre published a proposal for amendment of the Environmental Protection Inspectorate Act and certain other acts on its website. Under the proposal, the Environmental Protection Inspectorate’s powers would be substantially broadened and administrative fines provided for in environmental laws increased.
Plans for revolution in classification of a substance as a by-product
A bill has been submitted to the Sejm proposing major changes to the procedure for classification of objects or substances as by-products. If the amendment is passed, this will have a negative impact on anybody who uses such products in their activity. All classifications of objects or substances as by-products performed under the current laws will expire six months after the new bill comes into force.
New Water Law—a revolution in water management
One of the most anticipated acts in the environmental arena has now been adopted: the new Water Law. This statute with 570 articles enters into force on 1 January 2018 and will fundamentally change the rules for water management in Poland.
Environmental exploitation fees must be paid by the end of March
Businesses exploiting the environment are required to calculate and pay the relevant fees. The deadline for fees for 2016 is 31 March 2017. Certain exemptions entered into force on 1 January 2017.
The Polar Code is now in force: New regulations and new challenges
The Polar Code entered into force at the beginning of 2017. It is a major event for companies in the maritime industry navigating in Arctic and Antarctic regions.
What is a “reasonable alternative” for a development project?
An environmental impact assessment report must contain a description of the alternatives for the proposed project that were studied: the investor’s proposal, the most environmentally beneficial alternative, and a reasonable alternative. The last notion raises the most doubts.
Will trade secrets be less protected next year?
The amendment to environmental impact assessment regulations entering into force at the beginning of 2017 will also change regulations governing access to environmental information constituting trade secrets.
New Water Law. New fees. New payment rules.
“Water is not a commercial product like any other but, rather, a heritage which must be protected, defended and treated as such,” states the Water Framework Directive. The principle of the recovery of the costs of water services is being introduced to encourage savings and optimal use of water. This will be a substantial burden for many businesses.
Circular economy: The EU’s ambitious new goals for management of products and waste
The circular economy is a model in which products, materials and resources are kept in circulation for as long as possible, and generation of waste is kept to a minimum. Implementation of this model would respond to the challenges of climate change and the need to support sustainable growth.
Multinational companies can be liable for environmental harm caused by their subsidiaries
On 18 December 2015 the Dutch Court of Appeal at The Hague issued an interim judgment in a closely watched case concerning liability for environmental injury caused by an oil spill from Shell’s pipelines in Nigeria.
What does the Arctic Sunrise award mean for the environment?
In August an arbitration award was issued in the case of the ship Arctic Sunrise, involving protests by ecologists on the Pechora Sea defending the Arctic environment. The ship was seized and 30 protesters were arrested by Russian authorities.
New rules ahead for environmental reports and assessments
The proposed amendment to Poland’s environmental impact assessment regulations contains not just procedural changes. It also goes directly to the nature of environmental impact assessments and the contents of EIA reports.