RECONCILIATION ON THE DECISION ON ENVIRONMENTAL CONDITIONS

2021 ◽  
Vol 1 (XXI) ◽  
pp. 85-96
Author(s):  
Grzegorz Dobrowolski

The subject of this article is the analysis and detailed interpretation of the provisions of the Act of 3 October 2008 on the provision of information about the environment and its protection, public participation in environmental protection and environmental impact assessments (Journal of Laws of 2020, item 283) concerning reconcilation decisions on environmental conditions. The issues discussed in the article are important both from the theoretical and practical point of view. It refers to the continuous development of a specific administrative procedure, which is the “procedure in environmental matters”. The practice of applying the above-mentioned provisions is also important. Environmental impact assessments play a key role in the investment proces.

2013 ◽  
Vol 74 (4) ◽  
pp. 357-363
Author(s):  
Miłosz Tkaczyk ◽  
Robert Tomusiak

Abstract In Poland, according to the law (amendment of the act of 21st May 2010) – on the provision of information on the environment and its protection, public participation in environmental protection and environmental impact assessments etc. (Official Law Journal article 08.199.1227, as amended) – the owner can cut down trees without permission, if they do not exceed the age of 10 years old. However, if an owner happens to cuts down a tree on his property without knowing the age of the tree, he is liable to prosecution under this act. The aim of this study is to verify whether there is a possibility to calculate the actual age of silver birch trees growing on farmer agricultural lands using features that enable age of standing trees to be identified. Using these criteria, owners would be able to calculate the age of trees on their own. The research used 183 sample trees located on three research plots. For each tree, the dbh, height and prepared samples of wood from the trees base were used to give the age of the tree. The relationship between age and dbh, as well as between the age and the height was examined. The strength of correlation was compared and the strongest was used in the proposed model. Using these correlations two types of charts were constructed to estimate the age of young birches on the basis of dbh and height.


2020 ◽  
pp. 11-24
Author(s):  
Justyna Goździewicz-Biechońska

The paper aims to determine the significance and legal effects of a local community protest expressed as part of public participation in an individual environmental impact assessment. More specifically, it is to determine the impact of such a protest on the decision on environmental conditions, and in particular whether the protest may constitute a basis for refusing to issue such a decision. In the conclusions, the author indicates that the protest expressed as part of the public participation in the proceedings concerning the issuance of a decision on environmental conditions cannot constitute a sufficient basis for a negative decision. Based on the rational planning model, it is also argued that the concept of public participation in environmental proceedings as defined by law is still deeply rooted in the rational model of environmental impact assessments. As a consequence, it determines the actual limits of public participation in these matters.


2008 ◽  
Vol 6 ◽  
pp. CIN.S408 ◽  
Author(s):  
A.-L. Boulesteix ◽  
C. Strobl ◽  
T. Augustin ◽  
M. Daumer

For the last eight years, microarray-based class prediction has been the subject of numerous publications in medicine, bioinformatics and statistics journals. However, in many articles, the assessment of classification accuracy is carried out using suboptimal procedures and is not paid much attention. In this paper, we carefully review various statistical aspects of classifier evaluation and validation from a practical point of view. The main topics addressed are accuracy measures, error rate estimation procedures, variable selection, choice of classifiers and validation strategy.


Author(s):  
K. Park ◽  
T. Yamamoto ◽  
M. Green ◽  
T. Hasegawa ◽  
K. Kishio ◽  
...  

Since the breakthrough discoveries by Bednorz and Muller and Wu et al., superconductivity in Cu-O based ceramic materials has been the subject of tremendous research and development interest. In particular, the Ba2YCu3O7-δ type oxide is very important from a practical point of view, since it has a superconducting transition temperature (Tc) around 90K, which is above the liq. N2 boiling temperature.


2015 ◽  
Vol 17 (02) ◽  
pp. 1550022 ◽  
Author(s):  
Fernando Vicente ◽  
Teresa Fidélis ◽  
Gonzalo Méndez

Since 2000, the Transboundary Environmental Impact Assessment (TEIA) process in the Iberian context has undergone significant development due to new circumstances that came into play at the bilateral and European levels: (i) the adoption of a collaborative TEIA Protocol between Spain and Portugal in 2008; and (ii) the increasing number of cross-border projects supported by European Union funds. Despite these developments, the impact of this bilateral regulation on public participation, the cornerstone of any Environmental Impact Assessment (EIA), has not yet been fully examined. Drawing from specific literature focusing on the involvement of the public as the basis of effective improvement of the TEIA, this paper critically analyses if the lates transboundary provision has encouraged public participation in this context. Although the analysis of the TEIA enforcement revealed a considerable increase in the number of consultations between the neighbouring states compared to the previous situation, public involvement has not increased. Based on these findings, this paper presents a set of recommendations to more effectively involve the public in transboundary consultations.


Author(s):  
Sonia GAVIEIRO GONZÁLEZ

LABURPENA: Administrazio Publikoen Administrazio-prozedura Erkidearen 39/2015 eta Sektore Publikoaren Araubide Juridikoaren 40/2015 Legeak duela urte bat baino gehiago indarrean sartu dira. Ondorioz, Administrazio Publikoen lankidegoak bi arau horiek praktikara eramateko aukera izan du eta, horregatik, badirudi momentu egokia heldu dela analisi kritikoa egiteko. Hain zuzen, lan honen helburua zehapen-prozedura da (printzipioak, izapideak, …); baina, bereziki, balizko aldaketak, prozeduraren lege berri horiek indarrean sartu eta gero. Halaber, saiatuko gara ikuspuntu kritikoak eta irteera posibleak ematen, oraindik aplikagarriak diren epai-erabakiak behin aztertuta. RESUMEN: Tras haber transcurrido más de un año desde la entrada en vigor de las Leyes 39/2015 de Procedimiento Administrativo Común de las Administraciones Públicas y 40/2015 de Régimen Jurídico del Sector Público, el personal de las Administraciones Públicas hemos tenido ocasión de poner en aplicación ambas normas y, por ello, parece que ha llegado un momento óptimo para realizar un análisis crítico. En concreto, es objeto de este trabajo el procedimiento sancionador (principios, trámites,…), destacando posibles cambios tras la entrada en vigor de estas nuevas leyes de procedimiento, pero intentando aportar un punto de vista crítico y posibles soluciones a la vista de pronunciamientos jurisprudenciales que siguen resultando aplicables. ABSTRACT: After more than one year after the entry into force of the Laws 39/2015 of the common administrative procedure of the Public Administrations and 40/2015 of legal regime of the public sector, the personnel of the Public Administrations have had opportunity to implement both standards and, therefore, it seems that there has been an optimal time to conduct a critical analysis. In particular, the sanctioning procedure (principles, processes,...) is the subject of this work and, specially, we want to analyze possible changes after the entry into force of these new procedural laws, but trying to provide a critical point of view and possible solutions in sight of jurisprudential pronouncements that continue to be applicable.


1857 ◽  
Vol 147 ◽  
pp. 851-899

Having in the year 1840 offered to the Royal Society an extensive research upon this subject, which was honoured with the kindest notice of the Society, I felt grateful for the reception it had met with; and though in its preparation it had occupied my leisure time for some years, and contained the results of as many as 277 experiments, which I had made to prove the conclusions arrived at in it, I was still very anxious to improve and extend it. Indeed the importance of the subject would seem to justify every effort I could make for the purpose, when it is considered that a large portion of the houses, warehouses and shops in London, Manchester, Liverpool and throughout the country, depend for their principal supports upon iron pillars, which frequently appear very thin for the weight they have to bear, and being hollow do not allow us to judge from their appearance how small a quantity of metal they have in them, or in other words, whether the building is abundantly strong, or is ready to fall down and crush the persons within it, as has frequently happened to warehouses and other buildings dependent on iron supports. Some of the pillars are made to pass through more than one story, or even are based on the foundation, and support an intermediate floor and the roof. The importance of the subject, in a practical point of view at least, rendered it desirable that a number of pillars of large size should be broken, to obtain data for the application of the principles established in the preceding research; but this was impracticable at that time, notwithstanding the liberality of Mr. Fairbairn, who bore the expense of that inquiry. For by Mr. Fairbairn’s lever then used, more than 18 tons could not be safely applied, and the iron box or frame in which the pillars were broken did not admit pillars of greater length than 7½ feet; but the laborious inquiry in which I was afterwards engaged by Mr. Stephenson, for investigating the properties of the Menai and Conway tubular bridges (that over the Conway in particular), required larger and more powerful apparatus than the preceding, and I can now apply more than three times the pressure formerly used, and break pillars of 10 feet long, and any shorter lengths, with even more accuracy than before.


After pointing out the importance of the hygrometer, both in a scientific and a practical point of view, the author goes into the question of the advantages and disadvantages attending the use of Daniell’s hygrometer, and the relative merits of this instrument and the dry and wet-bulb thermometers. Although satisfied of the accuracy of Mr. Glaisher’s Tables (founded on the Greenwich Observations), which show at once the relation of the temperature of evaporation to that of the dew-point, he was unwilling to abandon the use of Daniell’s apparatus for that of the wet and dry-bulb thermometers, slight as is the trouble of observing them, without personal experience of the correctness of the tables from which the dew-point was to be deduced. He therefore instituted a series of perfectly comparable observations by the two methods, and in this communication gives the results obtained from them during a period of twenty months. From a comparison of the dew-points determined by the two methods, he concludes that the results show in a striking manner the extreme accuracy of Mr. Glaisher’s Tables, and afford additional testimony to the value of the Greenwich Hygrometrical Observations, and the resulting formula on which those tables are founded. The author then refers to the subject of evaporation, and gives the results of his own observations at Whitehaven during six years, viz. from 1843 to 1848 inclusive. From these he states that the mean annual amount of evaporation is 30·011 inches; and the mean quantity of rain for the same period being 45·255 inches, the depth of the water precipitated exceeds that taken up by evaporation, on the coast in latitude 54½°, by 15·244 inches.


1874 ◽  
Vol 18 (5) ◽  
pp. 335-343
Author(s):  
James R. Macfadyen

The question with which I have headed this paper is one that may seem startling enough. It has been so widely taken for granted that a large new business must be an unmixed good to all concerned in a life company, that to debate whether it be so or no, will seem in the eyes of many to be a very idle thing. And yet, though I have been considering the subject for a long time, I cannot answer the question unhesitatingly in the affirmative. In saying this, it ought to be pointed out, that the matter is regarded from a purely practical point of view. The problem is not ought a large new business to benefit policyholders? but, as a matter of fact, does it? Even if the question were answered in the negative, it would not follow that no new business, or an insufficient quantity of it, would better suit the interests of the policyholders. Waste must be supplied, and a certain degree of magnitude maintained in life companies.


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