The new institution of the so-called Unified Environmental Statement (Jednotného environmentálního stanoviska-JES) is intended to speed up and simplify the permitting of buildings from the point of view of environmental protection. The statement will include requirements for environmental impact assessments under up to nine existing laws, the Environment Ministry said. The new bill introducing the opinion is expected to be discussed by the House of Commons in the first reading on Wednesday. According to an earlier statement by former Environment Minister Anna Hubáčková (KDU-ČSL), it will bring greater clarity and understanding for builders and investors and speed up the permitting process. On the other hand, Martin Kolovratník, the shadow transport minister from the ANO movement, believes that the JES brings risks for all participants in the construction procedure.
According to the government’s proposal, the law should come into force on 1 July next year. Opinions will be issued by regional authorities in certain cases, and by municipalities with extended powers in other cases. For some projects under the Environmental Impact Assessment (EIA) Act, a single opinion will be issued by the Ministry of the Environment. These include, for example, oil refineries, power plants above a certain capacity, railway lines or steelworks.
The builder will be able to request the opinion before the project permit procedure. If they do not request one, the building authority will request one from the relevant authority. The permit will be valid for five years and can be extended. The opinion can also be amended at the request of the developer. In the context of an environmental impact assessment, known as an EIA, the opinion will also be an EIA opinion. This will apply to the buildings listed in the annex to the EIA Act. The opinion will be the basis for all construction projects. It will also apply to so-called reserved structures, which will fall under the jurisdiction of the Specialised and Appellate Construction Authority.
The benefit of the Unified Environmental Opinion is also legal certainty for builders and investors. Permitting authorities will coordinate the assessment of individual environmental components, whereas today assessments are often carried out separately, in addition to different administrative authorities, says the Ministry of the Environment.
MEP Kolovratník, on the other hand, sees it as a problem that assessing environmental interests separately from other public interests, such as heritage conservation, transport solutions or fire safety, slows down the processes. In his view, the government coalition is thus going against its own promises to speed up the permitting process. He also argues that the proposal reduces public participation in nature conservation and says the proposal almost excludes the public from the opinion process.
The JES proposal follows the government’s amendment to the Construction Act, which abolishes the already approved Supreme Construction Authority introduced by the new Construction Act. MPs are also expected to discuss it on Wednesday. The draft preserves all construction authorities in municipalities. According to an earlier statement by Prime Minister Petr Fiala (ODS), this will bring the authorities closer to the people and prevent a collapse, which he said would have occurred if the new construction law had remained unchanged. The new building law was pushed through by the former government of Andrej Babiš (ANO) despite criticism from the opposition parties, which now form a governing coalition.
