Single environmental opinion: small step towards more straightforward construction proceedings
The permitting of projects under environmental regulations will soon be easier, which may also accelerate construction proceedings. These changes will come about through a single environmental opinion (jednotné enviromentální stanovisko, or JES).
For all projects that are subject to permits under the Building Act or to environmental impact assessments (EIA), and for other projects, it will now be possible to obtain a single environmental opinion (jednotné enviromentální stanovisko, or JES). It will encompass project permit steps relating to permitting a project under ten different environmental laws: the Water Act, the Agricultural Land Protection Act, the Waste Act, etc. Instead of many standpoints, opinions or decisions of individual authorities in environmental protection, a single binding opinion will be issued to permit projects.
How will it work?
To obtain a single environmental opinion, an application has to be filed with a relevant authority, i.e., the Ministry of the Environment, the regional authority, the municipal authority of the municipality with extended competence, or the district authority. In addition to the mandatory essentials, applications shall include all documentation needed for project permits under the Building Act. If the relevant authority concludes that the application is correct, it shall request other relevant authorities under environmental legislation to provide their opinion. These authorities will have to reply to the inquiring authority within a set deadline.
If the other authorities state that the project is admissible, and the requesting authority does not find the project inadmissible, it must issue a JES within 60 days of filing the application. In more complex cases, this period may be extended by a maximum of 30 days.
The single environmental opinion can also be applied for as part of the EIA process (if the project is subject to the environment impact assessment) – it will then be issued together with the EIA opinion.
An application template should be published by the Ministry of the Environment before the Act on the Single Environmental Opinion enters into effect.
The act shall enter into effect on 1 January 2024, but until 30 June 2024, it will only apply to selected structures – motorways, railways, water reservoirs, gas storage facilities, etc. For other constructions, it will be possible to apply for the single environmental opinion from 1 July 2024.