Question 1

Are slurry and manure UPPZ?

Accepted Answer

Yes. Manure, unmineralised guano and digestive tract content are Category 2 material (Article 9(a)). In a biogas plant, however, they can be processed without prior sterilisation if the competent authority sees no risk of the spread of a serious transmissible disease.

Question 2

Are there regulations on odour nuisance from biogas plants in Poland?

Accepted Answer

The regulations on odours in Poland are general in nature: odour nuisance is assessed on the basis of the Environmental Protection Law, environmental decisions and permits, and there is no separate, detailed odour act (as of October 2026: no such act in the ELI database of the Journal of Laws).

Authorities may impose requirements in decisions, e.g. concerning covered storage, filters, the method of unloading substrates and the use of digestate, and residents may submit complaints to the village head or mayor and to the environmental protection inspectorate. Sources of odour are not only digesters but also the unloading of waste, silage stores and the spreading of digestate on fields. Good practices (enclosing facilities, short storage time, injection or rapid incorporation into soil) limit the nuisance. Check whether the regulations have changed since our write-up. This is general information.

Sources: Ustawa Prawo ochrony środowiska — ISAP; Główny Inspektorat Ochrony Środowiska — gov.pl

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Question 3

Are these the final rates?

Accepted Answer

No. This is the regulator's proposal. The final rates will be set in a CERC order after stakeholder comments have been considered.

Question 4

Can a 1 MW Lithuanian biogas plant get a feed-in tariff?

Accepted Answer

Not in the model described in the EurObserv'ER overview: the feed-in tariff is available to installations of up to 10 kW. A biogas plant larger than 10 kW can obtain a market premium only by taking part in an auction.

Question 5

Can a biogas plant accept animal by-products?

Accepted Answer

Yes, but only once the requirements of Regulations (EC) No 1069/2009 and (EU) No 142/2011 are met: the installation must be approved, and Category 3 material undergoes hygienisation, usually 70 °C for 60 minutes with particle size reduced to 12 mm.

Animal by-products are divided into three risk categories. Category 3 material (e.g. slaughter waste fit for human consumption) can be processed in a biogas plant after hygienisation. Category 2 material usually requires pressure sterilisation or is permitted in strictly defined cases (e.g. manure, digestive tract content). Category 1 material is excluded from digestion in a typical biogas plant. Supervision is exercised by the Veterinary Inspectorate, which approves establishments. Remember that digestate from such materials is subject to separate rules on application. This is general information.

Sources: Rozporządzenie (WE) nr 1069/2009 (uboczne produkty zwierzęce) — EUR-Lex; Rozporządzenie (UE) nr 142/2011 (uboczne produkty zwierzęce — przepisy wykonawcze) — EUR-Lex

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Question 6

Can a biogas plant agree to power curtailment in exchange for faster connection?

Accepted Answer

Yes. For installations with a biogas store, the application may include a declaration of unconditional power curtailment at set times of the day and year, and the agreement must guarantee the ability to deliver power for at least 12 hours a day without compensation.

Question 7

Can a biogas plant be built near a Natura 2000 area?

Accepted Answer

It can, but in the environmental procedure the impact of the investment on protected areas is assessed, and in the event of a significant negative impact on Natura 2000 the project may be rejected or require changes.

The Nature Conservation Act and the regulations on environmental impact assessments require an analysis of the impact of the planned project on species and habitats, also outside the boundaries of the area, if the impact may reach there. The impact may concern noise, odour emissions, dust, vehicle traffic, discharge of water and effects on animals. The authority may impose conditions, e.g. restrictions on work during the breeding season. Consultations with the regional directorate for environmental protection make it possible to identify risks early. This is general information.

Sources: Ustawa o ochronie przyrody — ISAP; Ustawa o udostępnianiu informacji o środowisku (oceny oddziaływania na środowisko) — ISAP

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Question 8

Can a biogas plant be built near my home?

Accepted Answer

Yes, it can, if the investor has a location consistent with the plan or with a decision on development conditions and obtains the required decisions, but residents have the right to information and to take part in the environmental procedure and may submit comments.

The possibility of a location is decided, among other things, by the local spatial development plan or a decision on development conditions, as well as by an analysis of nuisances (odour, noise, lorry traffic, safety). The regulations do not set a single, nationwide minimum distance of all biogas plants from residential buildings – nor did the Act of 13 July 2023 on facilitating the preparation and implementation of agricultural biogas plant investments (Journal of Laws (Dz.U.) 2023, item 1597) introduce one; distance requirements result from local plans, the environmental decision and technical and fire regulations, so it is worth checking the documents at the municipality. Good practice is for the investor to talk to residents early. This is general information, not legal advice.

Sources: Ustawa o planowaniu i zagospodarowaniu przestrzennym — ISAP; Ustawa o udostępnianiu informacji o środowisku (oceny oddziaływania na środowisko) — ISAP; Ustawa Prawo ochrony środowiska — ISAP; Ustawa z 13 lipca 2023 r. o ułatwieniach w przygotowaniu i realizacji inwestycji w zakresie biogazowni rolniczych (Dz.U. 2023 poz. 1597) — ELI

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Question 9

Can a biogas plant be built on agricultural land?

Accepted Answer

It can, but changing the designation of agricultural land to non-agricultural purposes is subject to the Act on the Protection of Agricultural and Forest Land, and for land of higher soil-quality classes it usually requires the consent of the competent authority.

Protection applies especially to land of the best classes, and for lower classes the procedure is sometimes simpler. In practice admissibility is decided by the local plan or a decision on development conditions, and the investor may be required to pay charges and annual fees for removing the land from production. Biogas plants are often located near farms or processing plants, on already developed land, which simplifies formalities. The detailed classes and procedures must be checked in the Act and at the municipality. This is general information.

Sources: Ustawa o ochronie gruntów rolnych i leśnych — ISAP; Ustawa o planowaniu i zagospodarowaniu przestrzennym — ISAP

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Question 10

Can a biogas plant hold certification in both ISCC and REDcert at the same time?

Accepted Answer

The rules depend on the schemes'' regulations and the certification body; in practice, one scheme is chosen for a given supply chain to avoid ambiguity in the mass balance and double counting of batches.

Question 11

Can a gas grid operator refuse to connect a biomethane plant?

Accepted Answer

The operator may refuse to conclude a connection agreement where there are no technical or economic conditions for connection or the applicant does not meet the connection conditions, and it must give reasons; a dispute can be resolved by the President of URE.

This follows from the Energy Law rules on connection to the grid and access to it. A typical cause of restrictions is a lack of absorption capacity in the grid at a given location, especially in summer, when gas consumption is low, or the high cost of expanding the grid. The investor should submit an application for connection conditions early, analyse the operator's response and, in case of doubt, use the dispute route before URE. In practice the solution is sometimes to change the entry point, expand the grid or use a shared injection point. This is general information, not legal advice.

Sources: Ustawa Prawo energetyczne (Dz.U. 1997 nr 54 poz. 348) — ISAP; Urząd Regulacji Energetyki

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Question 12

Can a new biogas plant in Latvia receive OIK?

Accepted Answer

No. Since 2012, no new mandatory procurement rights have been granted, so the system applies only to installations that obtained them earlier.

Question 13

Can an agricultural biogas plant of up to 1 MW take part in an auction at all?

Accepted Answer

Yes. The Act provides for separate auctions for installations with a capacity of no more than 1 MW and for larger ones, and within agricultural biogas it sets out baskets below 500 kW and from 500 kW to 1 MW.

Question 14

Can an information sheet be submitted instead of a report?

Accepted Answer

For projects that always have a significant impact, the applicant may submit an information sheet together with a request to determine the scope of the report (Article 69). The report must then be submitted after the decision on the scope has been issued.

Question 15

Can biomethane supported by URE count towards the NCW?

Accepted Answer

No. Article 83s of the Act on Renewable Energy Sources (ustawa o OZE) excludes from meeting the NCW biomethane that receives support under Chapter 4a, and the Act of 4 September 2026 extends this rule to support from biomethane auctions.

Question 16

Can digestate be spread on fields in winter?

Accepted Answer

Not on frozen, flooded, water-saturated or snow-covered soils. Soil that thaws during the day, at least at the surface, is not considered frozen. The deadlines from the nitrates programme also apply.

Question 17

Can digestate from sewage sludge bear the CE marking?

Accepted Answer

Not on the basis of CMC 5 or CMC 3: sewage sludge, industrial sludge and dredging sludge are not an approved input material for compost and digestate under this regulation.

Question 18

Can a penalty decision be appealed?

Accepted Answer

Yes. A decision of the Voivodeship Inspectorate for Environmental Protection (WIOŚ) can be appealed to the Chief Inspector for Environmental Protection, a decision of the Director General of KOWR to the minister responsible for agricultural markets, and a decision of the President of the Energy Regulatory Office (URE) to the Court of Competition and Consumer Protection.

Question 19

Can you get a subsidy for electricity from biogas under SDE++?

Accepted Answer

Yes, for cogeneration in all-feedstock digestion and in slurry mono-digestion, if its nominal electrical efficiency is at least 20%.

Question 20

Can you still get a tariff in France for electricity from a new biogas plant?

Accepted Answer

Not under BG16: after its repeal (arrêté of 8 September 2025, JO of 9 September), new applications do not give a right to a purchase obligation contract. Existing contracts continue.

Question 21

Could a biogas plant take part in the Lithuanian auction?

Accepted Answer

Yes. The auction was technology-neutral, so alongside solar and wind energy, biogas and biomass installations could also take part.

Question 22

Did RESS replace REFIT tariffs for biogas plants?

Accepted Answer

Yes, in the general sense: instead of fixed tariffs under REFIT, the Irish scheme is based on competitive auctions that set a strike price for 15 years.

Question 23

Do biogas plants count towards waste recycling?

Accepted Answer

Anaerobic digestion of separately collected biowaste, with the digestate used as a fertiliser or soil improver, can be recognised as organic recycling, provided that quality requirements are met.

Question 24

Do biogas plants pay for CO₂ emissions under the EU ETS?

Accepted Answer

The vast majority of biogas plants are not subject to the EU ETS, because the system covers combustion installations with a total thermal capacity above 20 MW, and emissions from burning biomass that meets the sustainability and greenhouse gas reduction criteria are treated as zero.

Agricultural biogas plants usually have a cogeneration capacity counted in single megawatts, so they are below the threshold. Even when an installation is covered by the system, emissions from biomass and biogas that comply with the criteria do not require the surrender of allowances. These rules result from Directive 2003/87/EC and the implementing acts on emissions monitoring. For a biogas plant, the RED sustainability criteria are more important than the ETS if it is to sell biomethane or use support. You determine the specific status of an installation after checking the greenhouse gas emission permit and the regulations. This is general information.

Sources: Dyrektywa 2003/87/WE (EU ETS) — EUR-Lex; Dyrektywa (UE) 2023/2413 (RED III) — EUR-Lex; Rozporządzenie wykonawcze (UE) 2018/2066, art. 38 ust. 5 — EUR-Lex

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Question 25

Do the CEEAG affect Polish RES auctions?

Accepted Answer

Yes, indirectly. The Commission assesses every renewable energy aid scheme requiring notification against the CEEAG, so the rules for tenders, premiums and exemptions for small installations must fit within them.

Question 26

Do the changes concern biogas?

Accepted Answer

The source discussed concerns solid biomass (co-firing, dedicated power plants, forest biomass). Weightings for biogas are not discussed in it.

Question 27

Do the GGSS rates from October 2025 apply all year?

Accepted Answer

Not in full. According to the government, they are indexed by CPI on 1 April each year, and the new values are published by that date.

Question 28

Does a 2 MW agricultural biogas plant need a licence for electricity generation?

Accepted Answer

No. Generating electricity from agricultural biogas is exempt from the licensing obligation regardless of capacity, but the activity requires an entry in the register of agricultural biogas producers kept by KOWR.

Question 29

Does a biogas plant below 0.5 MW not need an environmental decision?

Accepted Answer

An agricultural biogas plant with an electrical capacity of up to 0.5 MW is excluded from the regulation's listings on fuel production and waste processing, but other elements of the investment (e.g. fuel combustion, a gas pipeline) and a location in a Natura 2000 area may require an assessment. Always check the whole catalogue.

Question 30

Does a biogas plant need a licence from the President of URE?

Accepted Answer

It depends on what it produces and at what scale: producing agricultural biogas is a regulated activity (entry in the KOWR register), and URE licences concern selected types of energy activity, so this has to be assessed for the specific project.

The Energy Law (Article 32) requires a licence for some types of activity, such as generating electricity in sources exceeding certain capacity thresholds or trading in gaseous fuels, and also provides exemptions for small installations and micro-installations. Agricultural biogas and biomethane also have their own rules in the Act on Renewable Energy Sources (ustawa o OZE). We do not rely here on a single threshold, because the regulations have been amended many times. Before launching a project, check with a lawyer or with URE whether a licence or an entry is needed for your installation and sales model. This is general information, not legal advice.

Sources: Ustawa Prawo energetyczne (Dz.U. 1997 nr 54 poz. 348) — ISAP; Urząd Regulacji Energetyki

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Question 31

Does a guarantee of origin confirm the sustainability of biomethane?

Accepted Answer

No. The guarantee confirms renewable origin and the quantity of gas fed into the grid. Sustainability and emission reductions are confirmed separately, in a certification scheme.

Question 32

Does an agricultural biogas plant running on slurry also need veterinary approval?

Accepted Answer

As a rule, yes, because slurry and manure are Category 2 material (Article 9(a) of Regulation 1069/2009), and converting animal by-products (UPPZ) into biogas requires approval. Establish the details in a specific case with the district veterinary officer.

Question 33

Does changing substrates in a biogas plant require changing permits?

Accepted Answer

Often yes: a new type of substrate, especially waste, may require a change to the waste processing permit or the BDO entry, and for larger changes also a change to the environmental decision, the permit or the entry in the agricultural biogas register.

Each type of waste has a code from the waste catalogue and must be included in the installation's documents. A change in the proportions of substrates may affect emissions, the amount of digestate, the demand for storage and sanitary requirements. In the case of agricultural biogas and support, there are restrictions on permitted substrates, the breach of which may result in loss of entitlements. Therefore, before changing the recipe, check whether the new material is covered by the permits and, if in doubt, consult the authority or an adviser. This is general information.

Sources: Ustawa o odpadach (Dz.U. 2013 poz. 21) — ISAP; Ustawa Prawo ochrony środowiska — ISAP

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Question 34

Does Lei 14.300 apply only to photovoltaics?

Accepted Answer

No. The Act covers micro- and mini-generation from renewable sources and qualified cogeneration, so also biogas and biomass installations. In practice most installations are photovoltaic.

Question 35

Does RED II prohibit fixed tariffs (FIT)?

Accepted Answer

The directive does not use that name, but it requires support schemes to encourage responsiveness to market prices and integration with the energy market. In practice this means premiums on top of the market price and auctions, with exceptions for small installations.

Question 36

Does RED III apply directly to biogas plants?

Accepted Answer

The directive must be transposed into national law, so obligations for biogas plants arise from national regulations. Already now, however, it is worth reckoning with stricter emission and certification criteria, which apply to the sale of biomethane as a renewable fuel. The obligations of operators arise from national regulations and from directly applicable regulations and implementing acts.

Question 37

Does RED III change the requirements for small biogas plants?

Accepted Answer

Not for biogas: the threshold for applying sustainability criteria to gaseous fuels remains at 2 MW. The reduction from 20 MW to 7.5 MW applies to solid fuels, that is, biomass heat and power plants.

Question 38

Does SEG guarantee a fixed price for energy from biogas plants?

Accepted Answer

No. Unlike FIT, there is no centrally set rate: energy suppliers set their own export tariffs, so the generator compares offers and negotiates.

Question 39

Does the amendment raise the premium rate for biogas plants?

Accepted Answer

According to the Commission's announcement, the amendment concerns an increase in the budget of the scheme, and the premium for renewable energy, including from cogeneration, is €53.7/MWh.

Question 40

Does the decision concern biogas plants?

Accepted Answer

The Commission's communication describes the scheme in general terms, as support for electricity from renewable sources. Biogas and biomass take part in Polish auctions, which operate within this scheme.

Question 41

Does the EU Methane Regulation cover biogas plants?

Accepted Answer

Regulation (EU) 2024/1787 concerns mainly the fossil fuel sector (oil, natural gas, coal), not agricultural biogas plants, but biomethane injected into the gas grid benefits from similar standards for measuring and limiting leaks.

The act sets out rules for measuring, reporting and verifying methane emissions and for reducing them, including detecting and repairing leaks, restrictions on flaring and venting of gas, and requirements for imports. The Regulation (Article 1(2)) covers oil, natural gas and coal and does not mention biogas plants, so producers should check their status in the text of the Regulation and in national provisions. In practice, good leak-control practices result in any case from safety and economics: escaping methane is a loss of product. This is general information, not legal advice.

Sources: Rozporządzenie (UE) 2024/1787 w sprawie redukcji emisji metanu w sektorze energii — EUR-Lex; IEA — Global Methane Tracker 2025

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Question 42

Does the law restrict the use of energy crops in biogas plants?

Accepted Answer

Yes, EU law limits the counting of biofuels from food and feed crops towards transport targets, and support schemes and sustainability criteria favour waste, residues and slurry.

The RED Directive sets limits on the share of biofuels from crops that may be counted towards the transport target, and requires demonstrating that the feedstocks do not come from land of high biodiversity, land with high carbon stock or from peatlands. Biogas plants running on maize silage can operate lawfully, but their product may be less attractive to the advanced fuels market, and national support mechanisms may have their own substrate limits. Investors therefore increasingly base projects on slurry, manure and waste. Check the specific limits and permitted substrates in the current national regulations and certification requirements. This is general information.

Sources: Dyrektywa (UE) 2023/2413 (RED III) — EUR-Lex; Dyrektywa (UE) 2018/2001 (RED II) — EUR-Lex

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Question 43

Does the methane regulation impose obligations on agricultural biogas plants?

Accepted Answer

The regulation concerns the fossil fuel sector: oil, natural gas and coal. The Commission's website does not list biogas or biomethane among the sectors covered, and indirect effects may concern gas infrastructure and the gas market.

Question 44

Does the nitrates programme apply only in vulnerable zones?

Accepted Answer

No. The programme adopted in February 2020 applies throughout the country. Earlier programmes applied only to areas particularly vulnerable to nitrate pollution.

Question 45

Does the UDB replace an ISCC or REDcert certificate?

Accepted Answer

No. The certificate confirms compliance with sustainability criteria, while the UDB serves to track batches and transactions. The data in the database often come from certification systems.

Question 46

Has Poland transposed the RED III Directive?

Accepted Answer

Poland is implementing RED III in stages, through several acts, and the transposition deadline (21 May 2025) has passed; the European Commission is urging Member States, including Poland, to fully implement the renewable energy provisions.

Directive (EU) 2023/2413 entered into force on 20 November 2023, and Member States were to implement it by 21 May 2025 (for Article 15e and Articles 16, 16b–16f of Directive 2018/2001 as worded in RED III, the deadline was 1 July 2024). In Poland the provisions are entering the legal order through several acts, including the amendment to the Act on Renewable Energy Sources (ustawa o OZE) (with biomethane and guarantees of origin) and drafts concerning fuels and biocomponents in transport. The state of work is changing quickly and not all elements of RED III had been implemented as of October 2026. For this reason, in investment projects distinguish EU targets from national provisions actually in force and check the current state in the Journal of Laws (Dziennik Ustaw) and on the RCL. This is general information.

Sources: Dyrektywa (UE) 2023/2413 (RED III) — EUR-Lex; Ministerstwo Klimatu i Środowiska

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Question 47

How are GGSS rates indexed?

Accepted Answer

Automatically on 1 April each year, according to the percentage change in the CPI consumer price index from the previous calendar year.

Question 48

How can residents submit comments on a planned biogas plant?

Accepted Answer

Residents can submit comments and requests in the procedure for issuing an environmental decision, which is public and includes public participation, and persons who are parties may also take part in the building permit procedure.

Notices of the initiation of proceedings are published in the Public Information Bulletin (Biuletyn Informacji Publicznej, BIP), on notice boards and in the manner customary in the municipality, and comments must be submitted by the set deadline. Specific comments are valuable: about odour, noise, traffic, water, safety and the impact on buildings. The authority is obliged to consider them and justify its decisions. Residents can also approach the municipality about the local plan. The detailed rights of parties depend on their location and the way they are affected. This is general information, not legal advice.

Sources: Ustawa o udostępnianiu informacji o środowisku (oceny oddziaływania na środowisko) — ISAP; Ustawa Prawo budowlane — ISAP

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Question 49

How is biomethane sustainability certified in Poland?

Accepted Answer

The sustainability of biomethane is confirmed in a voluntary scheme recognised by the European Commission, such as ISCC EU, REDcert-EU or the Polish KZR INiG, in which a certification body audits the supply chain from feedstock to sale.

The certificate covers the feedstock producer, the biogas or biomethane plant and the subsequent links in the chain, and the company documents batches, the mass balance and emission calculations. Operators enter supply data into the Union Database for Biofuels, which is meant to limit the risk of double counting. The choice of scheme depends on the target market and customers' requirements, and costs include audits and implementing a documentation system. KZR INiG is a national scheme run by the Oil and Gas Institute (Instytut Nafty i Gazu); check the current requirements in the scheme's documents.

Sources: ISCC — International Sustainability and Carbon Certification; Instytut Nafty i Gazu — Państwowy Instytut Badawczy; Komisja Europejska: Union Database for Biofuels — materiały szkoleniowe

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Question 50

How long is an environmental decision valid?

Accepted Answer

This depends on the provisions of the Act on Environmental Impact Assessments (ustawa ooś) on time limits and on amending the decision, and on its content. The details must be checked in the current consolidated text, because the provisions have been amended.

Question 51

How long is the support period in YEKDEM under Decision No 3453?

Accepted Answer

10 years from the start of operation of the installation. For the price with a local component, five years and a supplement of 0.08 TL/kWh are provided.

Question 52

What is the most an Estonian generator can earn from one MWh?

Accepted Answer

According to the description of the scheme, total revenue from the market and the premium is approx. €93/MWh when the market price is in the range €39.3–93/MWh: the premium base is €53.7/MWh, but above €39.3/MWh the premium declines, and at approx. €93/MWh it is zero. Above €93/MWh the generator receives the full market price, that is, more.

Question 53

How much could the premium for a Finnish biogas plant have been?

Accepted Answer

With an average market price below €30/MWh, the premium was €53.50/MWh (83.50 minus 30). At a price of €60/MWh it was €23.50/MWh, and above €83.50/MWh the premium fell to zero. On top of this came €50/MWh for heat from cogeneration.

Question 54

How much is 74.5 øre/kWh in euro?

Accepted Answer

That is 0.745 DKK per kWh. At a rate of approx. 7.46 DKK/EUR (the krone's fixed peg to the euro) this gives approx. €0.10/kWh, that is, approx. €100/MWh.

Question 55

How does RED III change the GHG emission saving thresholds?

Accepted Answer

For electricity, heating and cooling from biomass in new installations (after 20 November 2023) the required reduction is 80%; for installations commissioned earlier, transitional periods are provided, depending on capacity and date of commissioning.

Question 56

How do you calculate the maximum slurry dose per hectare?

Accepted Answer

By dividing 170 kg N/ha by the nitrogen content of the slurry. Example: at 4 kg N/m³ it comes to 42.5 m³/ha a year. The N content is taken from the annex to the programme or from a laboratory test.

Question 57

Is a biogas plant subject to the rules on major accidents (Seveso)?

Accepted Answer

The Seveso rules apply to establishments in which the quantity of hazardous substances reaches or exceeds the thresholds in Directive 2012/18/EU, so some large biogas and biomethane plants may be classified, while smaller ones usually are not.

Biogas and methane are flammable gases, and the total quantity of hazardous substances on the site is assessed, including stored gas, oil or chemicals. An establishment that exceeds the thresholds is classified as an establishment with an increased or high risk of a major industrial accident and has additional obligations, e.g. concerning an accident prevention programme and notifications. Classification is carried out for the whole establishment (the area under the operator's control, together with its installations), and in Poland the provisions were implemented in the Environmental Protection Law. This is general information.

Sources: Dyrektywa 2012/18/UE (Seveso III) — EUR-Lex; Ustawa Prawo ochrony środowiska — ISAP

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Question 58

Is a certificate the same as an administrative permit?

Accepted Answer

No. A certificate is a private-law document of a voluntary scheme that confirms compliance with the criteria; it does not replace environmental permits, a building permit or registration with KOWR.

Question 59

Is a default value enough instead of calculations?

Accepted Answer

Yes, if a default value exists for the given production pathway in Annex V or VI and the conditions for its use are met. Default values are conservative, so a well-run plant often achieves a better result from actual calculations.

Question 60

Is a local plan needed to build a biogas plant, or are development conditions enough?

Accepted Answer

The location of a biogas plant is decided by the local spatial development plan or, where there is no plan, by a decision on development conditions or another location decision, and the scope depends on the type of investment and the regulations in force.

In Poland the spatial planning system is changing as part of a reform (general plans of municipalities), so it is worth checking the situation in the specific municipality. On agricultural land, good soil-quality classes are protected by the Act on the Protection of Agricultural and Forest Land, so a change of designation often requires consent. For agricultural biogas plants covered by the Act of 13 July 2023 on facilitating the preparation and implementation of agricultural biogas plant investments (Article 4(1)), the location can be determined by a municipal council resolution establishing the location of an agricultural biogas plant, even without a local plan, provided it does not conflict with the municipality's study of spatial development conditions and directions (Article 19(4)–(5)). The investor should start with an extract from the plan or an application for development conditions. This is general information, not legal advice.

Sources: Ustawa o planowaniu i zagospodarowaniu przestrzennym — ISAP; Ustawa o ochronie gruntów rolnych i leśnych — ISAP; Ustawa z 13 lipca 2023 r. o ułatwieniach w przygotowaniu i realizacji inwestycji w zakresie biogazowni rolniczych, Dz.U. 2023 poz. 1597

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Question 61

Is adjacent development needed to issue a WZ decision for a biogas plant?

Accepted Answer

Under the legal situation of 2021, no: for RES installations the requirement of good neighbourhood and access to a public road was abolished, but the other conditions under Article 61(1) must still be met.

Question 62

Is an environmental decision needed to build a biogas plant?

Accepted Answer

In many cases yes: depending on their size and the type of substrates processed, biogas plants qualify as projects that may always or potentially have a significant impact on the environment, which requires a decision on environmental conditions.

The catalogue of such projects is set out in the Council of Ministers regulation of 10 September 2019 (Journal of Laws (Dz.U.) 2019, item 1839). For projects that "always have a significant impact", the authority requires an environmental impact report, while for those that "potentially have a significant impact" it decides after analysing an information sheet. The parties and the public take part in the procedure, which is why consultations and comments from residents often arise. The specific thresholds and classification depend on the project and must be checked in the current wording of the regulations. This is general information, not legal advice.

The decision on environmental conditions must be issued before the building permit, and the authority checks that the project complies with its conditions.

Sources: Ustawa o udostępnianiu informacji o środowisku (oceny oddziaływania na środowisko) — ISAP; Rozporządzenie RM w sprawie przedsięwzięć mogących znacząco oddziaływać na środowisko (Dz.U. 2019 poz. 1839) — ISAP; Ustawa z 7 lipca 1994 r. – Prawo budowlane — Internetowy System Aktów Prawnych; Główny Urząd Nadzoru Budowlanego

Discussed in the article: Building permit for a biogas plant step by step: from design to occupancy permit

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Question 63

Is an occupancy permit always needed after construction is completed?

Accepted Answer

Not always. For many facilities, a notification of completion of construction is sufficient, but for the categories listed in Article 55(1) of the Construction Law, a decision granting an occupancy permit is required. The category of each facility in the complex must be checked.

Question 64

Is mixing slurry with kitchen waste allowed?

Accepted Answer

Yes, but a mixture of Category 2 and Category 3 material is classified as Category 2, and the authority may approve the treatment parameters for mixtures with manure as alternative ones. This requires agreement as part of the plant approval.