Back

Decision on the approval of geological documentation for an offshore wind farm

Purpose of the decision

The main purpose of the decision approving geological documentation is to define the geological and engineering conditions for the foundation of the offshore wind farm and the devices and facilities that form part of the system used to export power from the offshore wind farm.

The geological and engineering documentation specifies in particular:

  • the geological structure, geological-engineering and hydrogeological conditions of the construction substrate or designated area;
  • the suitability of the surveyed area for the implementation of the intended projects;
  • a forecast of environmental changes that may result from the implementation, operation, and decommissioning of the intended projects – if there is no obligation to prepare an environmental impact report in accordance with separate regulations.

When is the decision required?

The decision approving the geological documentation must be obtained prior to submitting the construction design, and thus before commencing construction works related to the offshore wind farm and the system used to export power from the offshore wind farm.

Elements of the application for the decision

The application for approval of geological documentation must include:
  • identification of the applicant, including their address;
  • specification of the subject of the application (title of the study).
In addition, the applicant is required to attach:
  • geological documentation in 2 paper copies and 2 electronic copies on digital data carriers;
  • proof of payment of the stamp duty;
  • power of attorney, if the application is submitted by a proxy;
  • proof of payment of the stamp duty for the power of attorney, if applicable.

The process

At the stage of proceedings for the approval of geological documentation, only the formal aspect is verified, i.e. the completeness and correctness of the attached documentation.

Decisions issued under the Act concerning internal maritime waters, the territorial sea, and the coastal zone require consultation with the director of the competent maritime office. Decisions concerning the exclusive economic zone require consultation with the minister competent for maritime economy.

A mandatory refusal to issue a decision occurs when:

  • the geological documentation does not meet legal requirements;
  • the geological documentation was prepared in violation of the law.

Duration of the process

Up to 1 month; in particularly complex cases, up to 2 months from the date of initiation of the proceedings.

Authority competent for the decision

The authority competent to approve geological documentation is the minister responsible for environmental matters, currently the Minister of Climate and Environment.

Validity period of the decision

Geological documentation is approved for an indefinite period.

What is the fee for the decision?

The stamp duty for the approval of geological documentation is PLN 10 and is payable upon submission of the application.

The stamp duty for a power of attorney is PLN 17.

 

How to appeal?

An appeal is not available. The party may request a reconsideration of the case by the same authority that issued the decision within 14 days of receiving it. Subsequently, a complaint may be filed with the Voivodeship Administrative Court and then with the Supreme Administrative Court.

Can the application be filed online?

It is possible to submit the application electronically via the electronic submission box of the competent public administration authority or to the designated electronic delivery address.

{"register":{"columns":[]}}