OOS procedure - decision making on determination place and conditions of implementation

Making decisions on the location and conditions of execution is of particular importance in the proceedings on the environmental impact assessment of planned projects. The administrative body competent to issue the decision is obliged to take into account in the proceedings the results of the assessment carried out, including, above all, the environmental impact report, comments and proposals made during the proceedings with public participation, opinions of the consulting bodies and other information gathered during all stages of the proceedings.

In an OOS proceeding, the conclusions and recommendations of the OOS report must be confronted with in the broader context of the projected environmental costs and benefits. A positive environmental decision, signifying the approval of the project, uses the conclusions and recommendations of the EIA report to determine the conditions that must be met by the investor during the construction of the project and its operation. The administrative authority may also impose additional obligations on the investor resulting from the need to ensure environmental protection. These may relate to the prevention, reduction, mitigation, compensation and monitoring of the environmental impact of the project. 

A decision issued in breach of the environmental impact assessment procedure, including the requirements for public participation within that procedure, may be declared invalid.