Generalna Dyrekcja
Ochrony Środowiska

Environmental damage is a negative measurable change in the state or function of natural elements, assessed through comparison to the initial state, which has been caused directly or indirectly by the activity of an entity using the environment. This is stipulated in the Act of 13 April 2007 on the prevention and remedying of environmental damage, which also regulates the principles of responsibility for preventing and remedying environmental damage.

In case of an imminent threat of environmental damage, it is obligatory to immediately take preventive measures. If damage to the environment has occurred, the entity using the environment is obliged to take measures to mitigate the damage and prevent further damage and negative effects on human health, which includes immediate control, containment, removal or limitation of pollutants or other harmful substances, as well as taking measures to remedy the damage.

The terms of remedial measures must be agreed with the competent environmental protection body, which includes determination of:

•   the state to which the environment is to be restored;
•    the scope of remedial measures and the method of their implementation;
•    the timeframe for the implementation of remedial measures.

Environmental damage may concern the following environment components:

•    the earth’s surface;
•    waters;
•    protected species or protected natural habitats.

In case of damage to the surface of the earth and waters, for the provisions of the aforementioned act to apply an activity posing a risk of damage to the environment, mentioned in Article 3, must occur. In other cases, damage to the environment may occur as a result of other activities, combined, however, with the fault of the entity using the environment that caused the damage.

The provisions of the aforementioned act shall not apply, among others, when an imminent threat or damage to the environment is caused by a natural disaster, armed conflict or activity whose primary purpose is national defense, international security or whose sole purpose is protection against a natural disaster.

If, despite preventive measures, the threat has not been eliminated or damage has occurred, it is obligatory to report this fact to the Regional Director for Environmental Protection and the Voivodeship Inspector of Environmental Protection.

In case of a threat of damage or damage caused by more than one entity using the environment, their liability is joint and several. If damage has been caused with the consent or knowledge of the land holder, the land holder is obliged to take preventive and remedial measures together with the entity using the environment. In the latter case, the decision concerning the obligation to take preventive or remedial measures is also addressed to the holder of the land surface.

The environmental protection authority takes preventive or remedial measures where:

• the entity using the environment cannot be identified or enforcement proceedings against it cannot be initiated or enforcement has proved ineffective;
• it is necessary to take immediate action due to a risk to human health or the possibility of irreversible damage to the environment.

The costs of preventive or remedial measures are borne by the entity using the environment, unless it demonstrates that the risk of damage to the environment or environmental damage has been caused:

• by another entity specified by the entity using the environment;
• as a result of compliance with an order issued by a public administration authority.

In such cases, the entity using the environment that has taken preventive or remedial measures may file a claim for reimbursement of costs incurred for this purpose from the perpetrator or the administration authority, respectively. The provisions of the Civil Code apply to such a claim.