Key Provisions of the New Act – Changes to the distance between turbines and buildings
In 2016, the so-called 10H rule was introduced, which was only relaxed by the Act of 9 March 2023 amending the Act on investments in wind power plants and other acts. This amendment set the minimum distance between a wind turbine and buildings at 700 metres. This restriction resulted in a reduction in potential installed capacity of approximately 60–70% compared to the original proposal of 500 metres. Only the introduction of a minimum distance of 500 metres will allow the full potential of wind energy to be realised, whilst maintaining the broad consensus reached during nearly two years of work on this amendment.
Changes Concerning Nature Conservation
The draft bill also provides for the introduction of new regulations concerning national parks. The 10H rule is to be abolished in the vicinity of national parks, which will have a fixed, uniform minimum distance expressed in metres. The details of this distance are not yet known. It is important that the bill also takes into account buffer zones around national parks and Natura 2000 sites, which are habitats for particularly vulnerable species of birds and bats.
Investments in Local Spatial Development Plans
The new law will allow wind farms to be sited on the basis of a specific type of Local Spatial Development Plan known as an Integrated Investment Plan. This means that investors will have to consult with local authorities regarding accompanying investments that are important to local communities, such as road repairs, with the aim of coordinating planned investments.
Furthermore, the planning process currently set out in the Act on Investments in Wind Farms is to be harmonised with the general principles contained in the Act on Spatial Planning and Development.
Support for Local Communities
The new Act is also intended to streamline the mechanism for making at least 10% of a wind farm’s capacity available to interested residents who use the generated energy as virtual prosumers or through energy cooperatives. Despite the provisions in the current Act, there have been no instances of this mechanism being applied in practice to date, due to interpretative ambiguities.
Power Line Safety
At present, the guidelines listed on the Council of Ministers’ website make no mention of changes regarding the distance between wind turbines and power lines. This is one of the more controversial aspects of wind energy. Current regulations require a distance of at least three times the rotor diameter or twice the height of the turbine. Polskie Sieci Elektroenergetyczne (PSE) wishes to maintain these regulations for safety reasons, whilst the wind energy sector proposes a more flexible approach, allowing for individual agreements with the grid operator.
The Potential of Onshore Wind Energy in Poland – PSEW Analysis
The PSEW report “Wind Energy Revisited” indicates that reducing the minimum distance between wind turbines and buildings to 500 metres would increase the available land area for investment from the current 1.7% to 3.3% of Poland’s land area, which could translate into an increase in theoretical potential to approx. 118 MW and theoretical production of 360 TWh. However, according to the analysis contained in the Report, existing environmental and economic constraints may result in a reduction of theoretical potential by as much as 65%.
The greatest potential for further development of wind energy lies in the western provinces, such as Lower Silesia, Opole, Greater Poland and West Pomerania, which could significantly contribute to increasing installed capacity in the wind energy sector.
Conclusions from the Report
The PSEW emphasises that environmental and economic constraints will play a key role in the development of wind energy investments, potentially reducing theoretical potential by as much as 65%. It is also important to adapt legal regulations, optimise administrative procedures and resolve issues related to the operation of electricity grids.
Summary
The adoption of the new wind energy act is crucial for the further development of wind energy in Poland. Reducing the minimum distance between wind turbines and buildings to 500 metres and streamlining administrative procedures aims to unlock investment potential and accelerate the country’s energy transition. These changes are expected to contribute to improving Poland’s energy security and increasing the share of renewable energy sources in the national energy mix.
She specializes in commercial and civil law. She has gained experience in Warsaw law firms providing comprehensive services to companies and a law firm specializing in labor law. She has extensive experience in corporate consulting. She has participated in mergers and acquisitions at every stage of the process, from pre-transaction legal examination to fulfillment of regulatory requirements related to the transformation process. She prepares and reviews contracts entered into by clients and advises in cases of…
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