The procedure for adopting the an approval decision that the conditions of the project specified in the decision on environmental conditions or the decision referred to in Art. 90 sec. 1 of the Environmental Impact Assessment Act

Abstract

The aim of the article is to determine the legal nature and the subject of the procedure for adopting the an approval decision that the conditions of the project specified in the decision on environmental conditions or the decision referred to in Art. 90 sec. 1 of the Environmental Impact Assessment Act are still valid. The approval decision is issued 5 years after granting the decision on environmental conditions and aims to determine whether it is still possible to submit this decision as an appendix to the issuance of „development consent”. The study puts forward a thesis that the approval decision in question is made in a procedure separate from the procedure for amending environmental conditions, does not contain a component of the environmental impact assessment procedure, and the premises followed by the authority are based only on the verification of formal and legal issues, without the substantive component of the study the state of the environment.