On 8 April 2019, a draft regulation on projects likely to have a significant impact on the environment was published in connection with Article 12(1) of the Act of 9 October 2015 amending the Act on Access to Information on the Environment and its Protection, Public Participation in Environmental Protection and Environmental Impact Assessments.

Under the current legal conditions, apart from landfills, installations for recovery or disposal of non-hazardous waste meeting quantitative criteria do not require mandatory environmental impact assessment. A problem related to the proper functioning of this type of installation has been identified.

Projects that may always have a significant impact on the environment are included:
Installations using wind energy with a total nominal capacity of not less than 100 MW and located in the maritime areas of the Republic of Poland.

Projects which may potentially have a significant impact on the environment are included:
1. Installations using wind energy for electricity generation:
a) located in nature conservation areas, but excluding installations intended solely for the supply of road and railway signs, traffic and rail traffic control and/or monitoring equipment, navigation signs, billboard lighting and billboard signs,
b) with a total height of not less than 30 m.

2. Installations for the production of fuel from plant products, excluding agricultural biogas installations with an installed electrical capacity of 0,5 MW or less or with an equivalent amount of agricultural biogas used for purposes other than electricity production.

3. Waste treatment installations, excluding agricultural biogas installations, with an installed electrical capacity of 0,5 MW or less or generating an equivalent amount of agricultural biogas used for purposes other than the production of electricity, as well as surface retention sites for waste and landfill sites.

Draft Regulation on projects likely to have significant effects on the environment.