Exploitation of hydrocarbons and protected areas in Poland

Hydrocarbon resources are non-renewable and unevenly distributed. Their exploitation is accompanied by various restrictions, associated primarily with the protection of waters, natural environment and landscape values. Polish oil and natural gas deposits are located in the west, north-west and south-east part of the country. Since about 32% of the country belongs to protected areas, more and more deposits (both exploited and prospective) will be located in protected areas or in their close proximity. Exploitation of hydrocarbons in protected areas is regulated by the provisions of the laws on environmental protection, planning and spatial development, as well as environmental and geological law. The most restrictive limitations associated with business activities apply to national parks and nature reserves (including mandatory prohibitions included in exhaustive list). Within the parks and protected landscape areas bans are optional. Ecological network of protected areas in the territory of the European Union, Natura 2000, is flexible and does not implement bans, though its purpose is to preserve the subject matter in proper condition. Of the 360 documented hydrocarbon deposits, 28 are located within national and landscape parks. In areas covered by the Natura 2000 network there were 49 documented natural gas and methane deposits (methane from coal seams), as well as 25 proven oil deposits (as of 2006). Potential areas of hydrocarbon deposits cover a large part of the country, while some of newly discovered deposits might be located within protected areas. In addition to conventional hydrocarbon deposits there are chances for occurrence of shale gas and tight gas. The potential oil and gas reserves can belocated in areas covering two national and 33 landscape parks. Exploration and/or exploitation of hydrocarbon deposits is likely to significantly affect (always or potentially) the environment and therefore – before obtaining a concession – it is required to obtain environmental decision. An environmental impact assessment is the part of the environmental decisionmaking procedures. Preparation of spatial development plans for the mining areas is optional. These plans should enable the implementation of projects specified in the concession and the protection of the environment; they cannot provide solutions preventing the execution of the activities determined by the concession. Protection plans applicable in national and landscape parks, which may lead to limitations in their exploitation, are legally binding for local spatial development plans, when they are developed for the sites located within protected areas