Language:
PL
| Published:
21-07-2017
|
Abstract
| pp. 11-31
Art. 6 contains over twenty definitions of key terms of the GMA; Art. 7 provides that the mining and geological activity must not violate the use of the land, determined first of all by the local development plans and the acts of law; according to Art. 8 decisions referring to the marine waters must be agreed with marine authorities and determines who the are; Art. 9 provides that, if the cooperating authority does not take a solution within the time provided by law, it shall be presumed that it does not object to the decision sought.
Language:
PL
| Published:
21-07-2017
|
Abstract
| pp. 33-54
In the light of the Constitution the source of universally binding law in the Republic of Polish is, inter alia, the local law (art. 87). Feature of the local law is that it is created by the local authorities on the basis of acts of the Parliament and for their implementation. It shall be binding only within the limits of the jurisdiction of a local authority. An example of such local law is a resolution of the municipal council on the adoption of a local development (spatial) plan. Such a plan is optional and only in a few cases the law requires its adoption. The primary function of the local development (spatial) plan is to determine the destination area covered by it, including the delimitation of areas with different functions. This is very important from the point of view of the requirements for land management and environmental protection. If such a plan is the universally binding local law, it must be edited according to such rules that apply to the drafting of the texts of the law. Also, its interpretation must be done according to those rules.
Language:
PL
| Published:
21-07-2017
|
Abstract
| pp. 55-70
The aim of the paper is to discuss of the issues related to combustion and co-combustion of biomass by power plants, in view of the Polish regulations. Relevant risks and operating problems, resulting from the preferences offered for the use of biomass to produce electricity are taken into account. The EU climate policy EU, related to the introduction of biomass to the power sector as well as different types and characteristics of the biomass used, operating and maintenance problems resulting from co-combustion of biomass with coal, the prospective of biomass combustion and co-combustion are analyzed in the paper. A need to carry on with regulatory works aiming at developing of new legal acts and modifying the existing ones, according to the availability of energy resources and technical options for the production of electricity from biomass, was also pointed out.
Language:
PL
| Published:
21-07-2017
|
Abstract
| pp. 71-89
The main point of this paper is to present what role regulations concerning spatial planning have on the construction process of the renewable energy installation. In the first part the influence of the zoning plan to construction project of the renewable energy installation is described. Second part is dealing with two types of zoning permits and shows their importance for construction project of the renewable energy installation. In the last part changes included in the bill concerning Spatial planning act are discussed by the author. It also contains the analysis of the recently enacted act concerning investments in wind farms. At the end there is made an attempt to evaluate present regulations and de lege ferenda proposals.
Language:
PL
| Published:
21-07-2017
|
Abstract
| pp. 91-109
The paper considers the question of legal means which may be taken by an entrepreneur who inefficiently applies for recognition an installation he conducts as regional installation for disposal of municipal wastes or installation for substitute service. The latter installations are indicated in resolution of voivodeship sejmik (regional assembly) on execution of voivodeship waste management plan in order to receive municipal wastes produced within a region of waste management, established in the plan. In a result the entrepreneur can lodge a complaint to the administrative court, either against the resolution which omits his installation or against the failure to act by the voivodeship sejmik. Unfortunately neither of these complaints seems to be a satisfactory mean of protection of rights of the entrepreneur, first of all because of the fact that the court is not entitled to oblige the sejmik to issue the resolution fulfilling entrepreneur’s expectations