National Contact Point for Renewable Energy Sources

Obtaining a permits to release gases or particulate matter into the air applies only to the largest installations – for biogas plants with a nominal thermal capacity above 15 MW, and for biomass installations above 10 MW. In practice, this obligation covers a narrow group of facilities which, due to their technical parameters, will most often also qualify for an integrated permit.

Nevertheless, pursuant to Article 152(1) of the EIA Act, an installation from which emissions do not require a permit, but which may have a negative impact on the environment, is subject to notification to the environmental protection authority. According to § 2(4)(1) of the Regulation of the Minister of the Environment of 2 July 2010 on the types of installations whose operation requires notification, an energy installation with a nominal thermal capacity greater than 1 MW requires notification due to the release of gases or dust into the air.

• in most cases.

• for systems qualified as projects always having a significant environmental impact  (e.g., in the case of biomass installations combusting or co-combusting biomass in order to produce energy or of a thermal input not lower than 300 MW).

Up to 1 month,
particularly complex cases – up to 2 months from process initiation.

In practice, it can take longer because this does not account for the legal time limits for obtaining approvals or opinions or for any process suspension periods. Furthermore, the decision may be delayed for other reasons, for example for reasons attributable to the party or reasons beyond the control of the authority, such as the need to supplement the documentation.

The permit is issued for a definite period no longer than 10 years.

The stamp duty for issuing the decision amounts to PLN 2011 for large enterprises and PLN 506 for micro, small, or medium-sized enterprises.

The stamp duty for the permit is PLN 17 and it must be paid at the submission of the application. The stamp duty for an authorisation is PLN 17.

An appeal against a decision issued by the province marsshal must be submitted within 14 days from the date of delivery of the decision, including delivery by public notice, to the minister competent for environmental matters.

An appeal against a decision issued by the county administrator must be submitted within 14 days from the date of delivery of the decision, including delivery by public notice, to the competent Local Appeal Body (Samorządowe Kolegium Odwoławcze).

Subsequently, a complaint may be lodged with the Provincial Administrative Court (WSA), and then with the Supreme Administrative Court (NSA).

You can file the application online through the ePUAP service. We recommend that you contact the local country authorities or marshal office (Polish: urząd marszałkowski) before applying to confirm if they process online applications.