New law on renewable energy sources in line with EU regulations
As reported in Monday’s press release by the Ministry of Climate and Environment, draft law on renewable energy sources “introduces solutions aimed at ensuring compliance of national law with EU law on state aid, accelerating the issuance of permits in the area of renewable energy sources and introducing beneficial changes in the prosumer system”.
The Ministry indicated that the distance of wind turbines from buildings will be 500 m instead of 300 m, and will be specified in the draft amendment to the Act on Investments in Wind Farms (UD89), “which will also support the development of wind energy in Poland”. It was added that the given distance is a proposal consistent with the report of scientists from the Polish Academy of Sciences Committee from November 2022, and wind turbines will not be allowed to be built in Natura 2000 areas.
Distance of wind turbines from buildings
“There will be no displacements. We are talking about an overriding public interest, not a public purpose investment. The institution of an overriding public interest was introduced into the EU legal order in 2022,” the Ministry of Culture and Environment emphasized.
The Ministry also announced that broad public consultations of all draft laws are planned, and that at no stage of preparing the drafts does the Ministry of Climate and Environment omit the assessment of compliance with EU law. “We do not ignore warnings about possible abuses by the industry and we introduce solutions that are most beneficial for Polish women and men,” the Ministry of Climate indicated.
The Ministry of Climate and Environment also noted that the Nature Conservation Act optionally allows for the implementation of activities that may significantly affect the protection objectives of the Natura 2000 area, if this is justified by the necessary requirements of the overriding public interest. “However, this condition is optional and in the context of the ban on the location of wind farms in Natura 2000 areas contained in the Wind Farm Act, it will not apply,” the ministry assured.
Referring to the Water Law Act, the Ministry of Climate and Environment added that the provisions of this act will not apply to investments in wind turbines in Natura 2000 areas. “All the more so because, as already mentioned, the Wind Turbine Act absolutely prohibits the location of wind farms in Natura 2000 areas,” the Ministry of Climate emphasized.
Ban on locating wind farms in Natura 2000 areas
Last week, the deputy head of the Ministry of Climate and Environment, Miłosz Motyka, announced that consultations on the draft amendment to the so-called windmill act would begin soon. He indicated then that the draft in question reduced the minimum distance of wind turbines from buildings, and also included solutions that would shorten the investment process by half.
“Almost 17% of our country’s land is available for locating onshore wind farms. Our regulations will bring about a huge change. We estimate that this potential may increase to 24-25%. So this is almost 30-40% more of this land than currently, which could be designated for locating these farms,” said Motyka.
He emphasized that it is extremely important to build farms in accordance with the local community and in cooperation with the local government, which will have cheaper electricity and additional income. He declared that the energy transformation in Poland will take place in a fair manner, with respect and care for the needs of the local community. “We need stability and security, investments and good dialogue,” he listed. (PAP)
