What is the Single Environmental Statement and what should it deliver?
Recently, Act 148/2023 Coll., on the Single Environmental Statement, was adopted and is due to come into force on 1 January 2024. What is the Single Environmental Statement and what should it bring? You will find out below in this article.
The Unified Environmental Statement (hereinafter referred to as the "JES") is a binding opinion issued under the Administrative Code. The JES will be issued for all projects subject to the permitting process under the Construction Act, regardless of whether they are projects covered by the EIA, and also for projects subject to an environmental impact assessment, including projects permitted under laws other than the Construction Act (e.g. the Mining Act). The JES is thus intended to replace up to 26 administrative acts (e.g. binding opinions, decisions, statements) contained in 9 different environmental laws.
What can we expect from the introduction of the JES?
One of the main objectives of the introduction of the JES is to have a positive impact on construction law and environmental protection procedures in the following ways:
1. A centralised procedure
- The JES is intended to unify the environmental impact assessment process for construction projects, as a large number of different opinions and decisions from different administrative authorities will be replaced by one comprehensive opinion.
2. Speeding up the process and reducing the administrative burden
- The introduction of the JES is expected to speed up the process of obtaining the necessary permits by reducing duplication and redundant administrative steps involved in obtaining different opinions and decisions
- with a single opinion, the administrative burden for all parties involved should be reduced, helping to make the whole process more efficient
3. Transparency
- The JES should bring greater transparency for developers and authorities, as uniform criteria and procedures should reduce uncertainty about environmental protection requirements
4. Increased quality control of projects
- The JES will assess a wide range of environmental aspects, which should lead to a more thorough analysis and assessment of construction projects in relation to the environment, and thus to greater environmental protection, while reducing the administrative burden on developers
5. Reduction of costs
- The introduction of the JES can also ultimately reduce the costs associated with project implementation, by reducing the administrative burden of obtaining different opinions from different administrative authorities requiring different forms of supporting documentation, which can lead to a positive impact on the economics of construction projects
6. A uniform procedure for different types of projects
- The JES covers a wide range of construction projects, from smaller developments to e.g. large infrastructure projects, ensuring a consistent approach in the assessment of all types of projects
Thus, the adoption of the adaptation of the Single Environmental Statement brings with it a number of high expectations, but only practice will show to what extent these optimistic prospects will be fulfilled.