Consequences of not including the construction of a landfill site in the provincial waste management plan in the light of the case law of the administrative courts

Abstract

The aim of this article is to answer the question of what are the consequences of not including the construction of a landfill site in the provincial waste management plan. In order to answer it, it is necessary to present the legal character of the provincial waste management plan and to show its role in the context of the construction of a particular type of construction facility, such as a landfill site. The article puts forward a thesis on the formative character of the provincial waste management plan, since the legislator orders the authority to refuse to issue a permit for the construction of a landfill site if the construction is not specified in the provincial waste management plan. Attention was drawn to the legal complexity of the construction of a landfill site, requiring the construction administration authority to apply two legal regimes: construction law and environmental law.