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BMG Adwokaci wins against the General Environmental Protection Inspector in a precedential case

Dodano 04/14/16
In November 2014 the Silesian Regional Environmental Protection Inspector imposed a fine of 10 thousand PLN on the Silesian Regional Assembly for its failure to respect the deadline for the adoption of an air quality protection program for the former Bieruńsko-Pszczyńska air quality zone.

In June 2015 the General Environmental Protection Inspector overturned in full the Silesian Regional Environmental Protection Inspector’s decision and discontinued the proceedings before the first instance authority.

According to the General Environmental Protection Inspector, the deadline for the drafting and the adoption of the air quality protection program for the former Bieruńsko-Pszczyńska air quality zone should have been set at 18 months from the date of the entry into force of the regulation of the Environment Minister of 11 September 2012 on air quality protection programs and short-term action plans (Dz. U. from 2012, item no. 914), i.e. as at 3 April 2014, and not at 18 months from the entry into force of the Act of 13 April 2012 on the amendment of the Environmental Protection Act and other acts (Dz. U. from 2012, item 460, hereinafter referred to as the “AEPA”, i.e. as at 28 November 2013, despite the fact that art. 7 cl. 2 of the AEPA clearly states that date of entry into force of the act – not the regulation – is decisive when determining the deadline for the adoption of an air quality protection program.

In the General Environmental Protection Inspector’s view, the deadline for the adoption of an air quality protection program in this case lapsed on 3 April 2014, and for this reason the Silesian Regional Assembly did not breach it when it adopted the appropriate program on 19 December 2013.

We lodged a challenge with the Regional Administrative Court in Warsaw against the General Environmental Protection Inspector’s decision.

On 7 January 2016 the Regional Administrative Court in Warsaw agreed with the challenge and quashed the decision in its entirety.
In the grounds of the judgment, the Court stated that it agreed with our argument that the General Environmental Protection Inspector was incorrect in his assessment that the phrase “in the wording adopted under this act within 18 months of its entry into force”, found in art. 7 cl. 2 of the APEA, referred to 18 months from the date of entry in force of the regulation of the Environment Minister of 11 September 2012 on air quality protection programs and short-term action plans (Dz. U. from 2012, item no. 914), and not – as is clear from the exact wording of the phrase – within 18 months of the entry into force of the APEA.

For this reason the deadline for the adoption by the Silesian Regional Assembly of the air quality protection plan for the former Bieruńsko-Pszczyńska air quality zone should have been set at 18 months from the date of entry into force of the APEA and expired on 28 November 2013, i.e. before the adoption of the program by the Silesian Regional Assembly.

This judgment is one of the few concerning administrative fines for a breach of a deadline to an adopt air quality protection program by a regional assembly and should be viewed as a precedent for other courts to follow.

Bolesław Matuszewski, attorney-at-law, represented the client in this case.
 
The judgment is unavailable in English, but you can read it in Polish by following this link: http://orzeczenia.nsa.gov.pl/doc/066425EBFF

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