Under the current regime, instead of an environmental permit an environmental decision is issued — an administrative act that defines the conditions of carrying out an activity from the standpoint of environmental protection. The Environmental Assessment Code precisely regulates the application, the administrative proceeding, the deadlines, the grounds for refusal and the transfer of the decision to another person. This page explains the procedure as a practical guide for business — from preparing the application to challenging a refusal or transferring the decision.
The Application and the Attached Documents
The person carrying out the activity is obliged to submit to the Agency an application for an environmental decision, which is examined under the procedure established by the General Administrative Code; in case of inconsistency, the norms of the Environmental Assessment Code apply. The applicant has the right to request the issuance of the decision by an accelerated procedure, on the basis of payment of the accelerated service fee. The application must be accompanied by the environmental impact assessment report, the draft calculations of the permissible emission and discharge norms, a request for the classification of information where such exists, and a document confirming payment of the fee.
The amount of the environmental impact assessment fee is 500 GEL, and the paid fee is not returned where the issuance of the decision is refused. The accelerated service fee must not exceed 15,000 GEL. Within 5 days of the registration of the application, the Agency ensures its placement on the information board of the municipality and on the environmental information portal. By one application, one decision may be requested for several substantially interrelated activities — a useful tool for multi-component projects.
The Administrative Proceeding and the Deadlines
The proceeding includes an expertise, the participation of society and of administrative bodies, and, in the case of possible transboundary impact, the corresponding procedure. Within 5 days of registration, the Agency checks the formal compliance of the documentation; for the examination of the report it creates an expert commission whose members submit their conclusions within 30 days of its creation, and the commission submits the expertise conclusion within 40 days.
Society has the right to submit comments and remarks within 40 days of the placement; the public hearing of the report is held no earlier than the 25th and no later than the 30th day after placement, and information about it is published no later than 20 days before it is held. The decision is issued no earlier than the 85th and no later than the 90th day from registration; by the accelerated procedure — between the 51st and 55th day. Where a defect of the report is established, the proceeding may be suspended once — such a decision is taken no later than 50 days, and the commission receives an additional period of no more than 10 days for the refined documentation.
Content of the Decision, Refusal and Transfer
The decision is issued for an indefinite term; if the person carrying out the activity does not begin the activity provided for in it within 7 years, the Agency declares the decision void. The Agency refuses to permit the activity where it contradicts the requirements established by legislation or a decision that has entered into legal force, or where the report or the expertise establishes the unacceptability of the impact and the impossibility of its prevention or mitigation. A decision on refusal may be appealed to a superior administrative organ or to the court.
The decision may be transferred to another person fully or partially where this does not contradict the essence of the activity, its conditions or the legislation. The transfer means the transfer of both rights and obligations; its basis is a joint application of the holder and the recipient, a contract or another document. A decision on a full transfer by the accelerated procedure is issued within 10 days, and in that case the fee must not exceed 1,000 GEL; the recipient must begin the activity only after the transfer decision.
Frequently Asked Questions
What is issued instead of an environmental permit?
An environmental decision — in the form of an individual administrative-legal act, for an indefinite term.
How long does the procedure take?
The decision is issued within the range of 85 to 90 days from registration; by the accelerated procedure — within 51 to 55 days.
What does the application cost?
The fee is 500 GEL and is not returned on refusal; the accelerated service costs up to 15,000 GEL.
Can the decision be transferred?
Yes, fully or partially — by a joint application or a contract; an accelerated full transfer is decided within 10 days.
How We Help on Legal.ge
The lawyers of Legal.ge assist business throughout the entire cycle of the environmental decision: we verify the completeness of the documentation, align the content of the application with the requirements of the Code, draw up a deadline calendar, prepare positions for the public hearing and for appeals, and formalise the transfer of the decision. Contact us for a consultation — we will plan the procedure so that the project schedule is not disrupted.