Polish MSP Legislation

In order to implement Directive 2014/89/EU, the Polish Parliament has adopted changes on The Act on Sea Areas of Poland and Maritime Administration of March 21st 1991, on 4th September 2015, regarding inter alia, MSP procedure in Poland. Regulations concerning maritime spatial planning are placed in Chapter 9: Maritime spatial planning in maritime internal waters, territorial sea and exclusive economic zone. This chapter describes the whole procedure, basis and principles of developing maritime spatial plans in Poland.

According to this regulation a maritime spatial plan is adopted by ordinance by the Council of Ministers. The drafts of the plans are prepared by the territorially competent Directors of Maritime Offices. Maritime spatial plans determine:

  • The destined use of the sea areas,
  • Prohibitions and limitations in use of sea areas, taking into account the requirements, of nature protection,
  • Distribution of public investment,
  • Directions for development of transport and technical infrastructure,
  • Areas and conditions for protection of environment and cultural heritage,

The supporting law is Ministerial ordinance on required scope of MSPs in their textual and graphic parts. The ordinance specifies:

  • MSP terminology,
  • scope of the plans and necessary links between different planning regimes (NATURA 2000, terrestrial plans),
  • objects to be planned,
  • textual and graphics requirements.
  • designation categories:
    • priority use,
    • allowed use,
    • restricted use,
    • forbidden use;
  • planned sea-uses:
    • Transportation (T),
    • Defence and National Security (B),
    • Technical Infrastructure (I, Ip),
    • Exploration, prospecting and extraction of minerals (K),
    • Coastal protection (C),
    • Environmental and nature conservation (O),
    • Producing and storing renewable energy (E),
    • Space reserved for future use (P, Pw),
    • Artificial islands, installations and structures (W),
    • Cultural heritage (D),
    • Fishery (F),
    • Aquaculture (A),
    • Tourism, sport and recreation (S).

An important role for MSP is also played by the Act on access to information on environment and its protection, public participation in environmental protection and on environmental impact assessment. It stipulates that all spatial plans (in that maritimeplans) are subject to SEA procedure.

Several international conventions and binding legal acts are transposed to Polish national law, such as: