Tax & Legal Highlights for Real Estate – October 2019
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1. The Environmental Protection Law will be amended
According to the act recently signed by the President of the Republic of Poland, the Environmental Protection Law will be amended as Poland needs to meet its obligations towards the European Union related to the transposition into Polish law of Commission Directive (EU) 2015/996 of 19 May 2015. This amendment, among other things, imposes on the entity preparing strategic noise maps the obligation to use noise assessment methods set out in the Annex to the Commission Directive, obliges to include in the local spatial development plan and in the decision on building conditions and land development restrictions resulting from strategic noise maps, as well as determines the content of strategic noise maps prepared by managers of major roads, railways or airports, and mayors of cities with more than 100,000 inhabitants, which will be the primary source of data used to inform the public about environmental hazards by noise.
2. The Council of Ministers decided to strengthen criteria for obtaining the environmental impact decision
On 11th October 2019 a new Regulation of the Council of Ministers on projects significantly affecting the environment entered into force. Pursuant to the above regulation, installations for the disposal or recovery of waste receiving waste, in the amount not less than 10 t per 24 hours or with total capacity not less than 25 000 t are considered as projects which always significantly affect the environment, which results in the necessity to carry out an environmental impact assessment in any case before obtaining a decision on environmental impact. Moreover, due to the problem with proper waste management, the Council of Ministers decided to strengthen criteria for obtaining the environmental impact decision and decided to consider points which are collecting or handling hazardous waste or any other waste, as projects which may significantly affect the environment.
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