POLAND Law and Practice Contributed by: Tomasz Młodawski, Krzysztof Cichocki, Łukasz Wyszomirski and Krzysztof Fasula, Sołtysiński Kawecki & Szlęzak
primarily by the Energy Law, the Construction Law, the Environmental Protection Law and EIA legislation, as well as the Transmission Network Investment Act. The transmission system is operated by PSE S.A., which is designated as the sole TSO responsible for the operation of the national high-voltage grid. Strategic transmission projects benefit from a stream- lined permitting regime under the Transmission Net- work Investment Act, which co-ordinates selected administrative approvals within a simplified procedure and may allow preparatory works before all final per- mits are obtained. General construction, planning and environmental legislation continues to apply. An envi- ronmental impact assessment is required for trans- mission projects that are classified as being likely to have a significant environmental impact under EIA legislation. Energy storage facilities are governed by the Energy Law and, where co-located with renewable installa- tions, the Renewable Energy Sources Act. The frame- work for standalone storage continues to evolve, and is subject to standard permitting and grid connection requirements, depending on a project’s design. 4.2 Obtaining Approvals to Construct and Operate Transmission Lines and Associated Facilities Transmission projects are subject to a multi-stage permitting process involving environmental, planning, construction and land acquisition approvals. Projects likely to have a significant environmental impact are subject to a mandatory environmental impact assessment under EIA legislation. The proce- dure includes the assessment of alternative routing options and mandatory public participation; public hearings may be held in complex or socially sensitive cases. The outcome is an environmental decision set- ting out the conditions under which the project may be implemented. Under the Transmission Network Investment Act, PSE S.A. may apply for a special complex investment deci- sion that consolidates multiple planning, expropria- tion and construction approvals into a single set of
proceedings. It determines the route of the line and governs the conditions of use of the affected land. Land rights are typically secured through negotiated easements, although expropriation may be carried out under separate statutory procedures where voluntary acquisition is not possible. For offshore and marine-based infrastructure, the Marine Areas Act also applies, and requires permits from the relevant maritime authorities, together with environmental and inter-agency consultations. The permitting process is conducted by administra- tive authorities, including environmental, planning and maritime bodies. The President of ERO does not grant construction or environmental authorisations; its role is limited to regulatory oversight of operations within the power market. Transmission Line and Associated Facilities Environmental decisions typically impose conditions relating to: • construction timing, including seasonal restrictions for environmental protection purposes; • the adoption of mitigation measures such as bird diverters; • restrictions on vegetation clearance in sensitive habitats; and • ecological and ornithological monitoring obliga- tions. Noise limits may also be imposed where the proposed 4.3 Terms and Conditions Imposed on Approvals to Construct and Operate a works are likely to affect nearby receptors. Location and construction decisions specify: • design and routing parameters; • conditions relating to the protection of archaeologi- cal and natural heritage sites; • construction timelines; • land use constraints; • obligations concerning the restoration of land after the completion of works; and • requirements relating to electromagnetic field exposure limits.
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