Environmental disaster – legal considerations

Recently, the term ecological catastrophe has often appeared in media coverage, for example, in the context of events unfolding in the Oder River catchment area. They are difficult to predict, and their scale is almost impossible to estimate. The term is used by both publicists and state authorities. The best evidence of the rooting of this concept in legal language is the resolution of the Senate of the Republic of Poland of September 8, 2022. on the ecological disaster on the Oder River (M.P. of 2022, item 877), in the title of which the term ecological disaster appears.

Therefore, from the point of view of practice, it is worth considering what prerequisites, under current law, must be met for the term to be used correctly. This is important because there is no direct definition of it in the law. This, in turn, promotes doubts of interpretation.

State of natural disaster

Therefore, there is a need to determine when it is possible to speak of the occurrence of an environmental disaster from the point of view of current legal solutions. As already mentioned, the law does not know such a concept, but in Art. 3 paragraph. 1 item 1 of the Act of April 18, 2002. on the state of natural disaster(Journal of Laws of 2017, item 1897, as amended) indicates that a natural disaster is understood as a natural disaster or technical failure, the consequences of which threaten the life or health of a large number of people, property of great magnitude or the environment over a large area, and that assistance and protection can only be effectively undertaken with extraordinary measures, in cooperation between various bodies and institutions and specialized services and formations under unified leadership.

Therefore, from the point of view of the elements of a natural disaster, it becomes important to determine when a natural disaster or technical failure occurs.

Natural disaster and technical failure

In accordance with the provisions of Art. 3 paragraph. 1 item 2 of the Law on the State of Natural Disaster a natural disaster is an event associated with natural forces, in particular lightning, seismic shocks, strong winds, intense precipitation, prolonged occurrence of extreme temperatures, landslides, fires, droughts, floods, ice phenomena on rivers and the sea, as well as lakes and reservoirs, mass occurrence of pests, plant or animal diseases or infectious diseases of humans, or the action of another element.

As a result, it might seem that all disaster relief activities should be undertaken under a single law. In practice, however, this is not the case. An example of such a dispersion of powers can be found in flood protection, for which, according to the provisions of Art. 163 para. 1 of the Law of July 20, 2017. Water Law(Journal of Laws 2024, item 1087), are the responsibility of Wody Polskie.

Technical failure

In contrast, by technical failure, according to Art. 3 paragraph. 1(3) of the Law on the State of Disaster, is understood to mean the sudden, unforeseen damage or destruction of a building, technical facility or system of technical facilities, causing an interruption in their use or loss of their properties. However, in this case, too, there is a scattering of regulations that form the basis for combating disasters.

The Act of April 27, 2001. Indeed, the Environmental Protection Law(Journal of Laws of 2024, item 54, as amended) contains a definition of a major accident, by which – according to the provisions of Art. 3 item 23 of this legal act – is understood as an event, in particular an emission, fire or explosion, occurring during an industrial process, storage or transportation, in which one or more hazardous substances are present, leading to the immediate emergence of a threat to human life or health or the environment, or the emergence of such a threat with a delay. The authorities of the Environmental Inspectorate have a wide range of competencies in this regard.

The failure may also constitute a source of environmental damage within the meaning of Art. 6 item 11 of the Act of April 13, 2007. on prevention and remediation of environmental damage(Journal of Laws of 2020, item 2187, as amended). In such a case, it is necessary to take preventive and remedial measures. The authorities of the Directorate of Environmental Protection will be responsible for their proper implementation in practice. The presented dispersion of competencies in combating natural disasters and technical failures can unfortunately have a significant impact on the effectiveness of environmental protection. Therefore, it is necessary to take measures to unify the legal solutions in the discussed area.

Construction disaster

When analyzing the legal bases that may be applicable to events that may affect the environment, one should not forget about building regulations as well. In accordance with the provisions of Art. 73 para. 1 of the Act of July 7, 1994. Construction Law(Journal of Laws of 2024 t., item 735), a construction disaster is the unintentional, violent destruction of a construction object or part thereof, as well as structural elements of scaffolding, elements of forming devices, sheet piling and excavation shoring. However, according to para. 2 of the cited provision is not a construction disaster:

1) damage to a component built into the building, suitable for repair or replacement;

2) damage to or destruction of building equipment associated with buildings;

3) installation failure.

Keeping these solutions in mind is important, since changes in the environment can also result from events that qualify as construction disasters. At the same time, the use of negative premises can facilitate the actions of those responsible for effective environmental protection.

Environmental disaster

Thus, from the solutions cited, it follows that a state of disaster can occur both as a result of natural events, such as a volcanic eruption, and as a result of human activity using the environment. In turn, failures are the result of human activity. It is also clear from the cited regulations that the basic indications of a disaster are the unintentionality and suddenness of the destruction. These premises are similar to what is commonly referred to as an environmental disaster.

Accordingly, they can be used in determining its significance. At the same time, however, given the increasingly frequent occurrence of events classified as environmental disasters, it is worth considering the introduction of solutions of an orderly nature, defining the relationship between the actions taken by the authorities responsible for combating different types of environmental disasters. As part of this work, it seems particularly justified to clarify the provisions on the agreement on the transfer of information between authorities responsible for taking action to combat the state of an environmental disaster.

Indeed, past experience shows that the greatest irregularities occur in this area. At the same time, delays in the flow of information result in a reduction in the effectiveness of preventive measures. In many cases, this leads to negative consequences and, as a result, only corrective actions are possible. In turn, these, as a rule, are characterized by lower efficiency.