Invitation for a debate
GUIDELINES TO AN ACT ON STRATEGIC INFRASTRUCUTRAL INVESTMENTS
9th March 2012 (Friday), 11.00 am, „Polityka”, Słupecka 6, Warsaw
Nowadays legislation is the main obstacle in realization of new investments – lack of clear legal regulations supporting preparation and implementation of an investment. Depending on nature and scale legal and formal problems vary. For the energy sector enterprises those problems have a very specific character, referring mostly to preparation and realization process of large investments, strategic for domestic economy, such as construction of gas and fuel pipelines or electric lines. Currently majority of obstacles which investors face derive from the Spatial Planning Act and Building Law.
From detailed analysis of current legal conditions in the context of investment preparation and realization on supralocal level one can conclude that:
• legal regulation regarding spatial planning and location of investments are inconsistent and not precise, general amendments are required to facilitate procedures and protect spatial qualities
• planning, location and arrangement procedures are too complicated and give possibility of appeal that may practically block realization of an investment
• environmental impact assessment of infrastructural investments requires rationalization and adaptation to proposed amendments regarding spatial planning and investment location
Currently the standing act on spatial planning in communities sanctions primacy of individual over public interest. It aggravates significantly conditions of investment preparation and realization in areas to which the investor does not hold any legal rights. This applies mostly to pipelines built underground or electric lines constructed overgroud. The model of spatial planning and zoning on the community level proposed by the Ministry of Infrastructure is based on a logic of transformation and development of local spatial arrangements without taking into account development conditions of infrastructural systems or investments of international, domestic or regional importance.
All things considered, there is an urgent need of new legal regulations in the form of an Act on Strategic Infrastructural Investments. It would constitute major modification of the current regulatory system based on concept of particular public goal. New solution would define elements of infrastructural system that are essential for the state and secure supply of end consumers in electricity, gas and other services. The main objective of the proposed regulation is to create uniform conditions for development and use of modern technical infrastructure which due to its economic, social, ecological or defensive importance is crucial for state functioning. The main intention of this legislative initiative is to equip voivods with general competencies to supervise strategic infrastructural investments as well as to issue administrative decisions concerning those investments.
We anticipate participation of :
- Janusz Żbik, Deputy Minister, Ministry of Transport, Construction and Maritime Economy
- Henryk Majchrzak, Chairman of the Board, PSE Operator
- Edward Słoma, Deputy Director of Energy Department, Ministry of Economy
- prof. Krzysztof Żmijewski, Secretary General of the Public Board of the National Programme for Emissions Reduction
- prof. Andrzej Kraszewski, Warsaw University of Technology, Public Board of the National Programme for Emissions Reduction, Former Minister of the Environment
- Janusz Piechociński, Vice-Chairman of the Parliamentary Infrastructure and Innovation and New Technologies Committees
- Robert Świerzyński, Vice-Chairman of the Board, Energa – Operator
- Bogdan Żmijewski, Public Board of the National Programme for Emissions Reduction, Chairman of the Board, Lewant
We would be delighted if you could come.
Participation in the debate is free of charge. Number of places limited. Please send your registration till 6.03.2012 on e-mail: zgł oszenia@proinwestycje.pl