National Road Investments - report of 30 August 2010
30.08.201014:59
Piotr
Now, construction and conversion works exceed 1255 km km national roads. Construction works include new roads, i.e. 620 km motorways, 430 km expressways and more than 130 km town bypasses. Under the National Road Construction Programme 2008-2012 75 km of the existing road network is undergoing conversion.
II. Contracts concluded
Since 16 November 2007 total length of 940 km national roads have been completed, including 180 km motorways, 315 km ”expressways”, 95 km town bypasses and 350 km converted roads.Easier road investing procedures
Amended “road superact”
To invest easier on roads, the Ministry of Infrastructure amended the road superact, which has been in force since September 2008. Investing procedures got shorter and property for construction of roads are easier acquired. The Ministry drafted the bill of the act of 25 July 2008 amending the act on special rules for preparation and implementation public road investments and amending other acts (Journal of Laws for the year 2008 No. 154, item 958) thoroughly regulates preparation and implementation of road investments.
The act liquidated two decisions – road location and building permit – and introduced one decision –permit for investment implementation. It also settled the issue of „right compensation” – new solution is a kind of „incentive” for a previous owner or perpetual usufruct to earlier release the property so as to get a bigger compensation, i.e. 5% worth of the property if it is transferred to the road administrator within 30 days since the decision became final (art. ust. 1e.). Moreover, building owners or apartment holders will get PLN 10,000 as a compensation for the expenses incurred by the removal (art. 18 ust. 1f). The act also imposes a sanction on the organ, which does not allow for a road investment implementation within 90 days since the offer has been submitted.
New financing model
Since 8 June 2009, the act of 22 May 2009 amending the act on toll motorways and National Road Fund and some other acts (Journal of Laws No. 86, item 720) has been in force.
As a result, a new model of road investment financing was established, which resulted from the National Road Fund. This is a flexible tool for financing national road construction, which will also make it easier to more effectively absorp public funds.
Various forms of investment implementation
Since 20 February 2009, the act of 9 January 2009 on the concession for road works or services (Journal of Laws for the year 2009, No. 19, item 101) has been in force. As a result, private investors can implement communal objectives such as construction of bridges and overpasses as well as those concerned with infrastructure maintenance.
On 27 February 2009, the Act of 19 December 2008 on public and private partnership (Journal of Laws No. 19, item 100) came into force. The draft act was elaborated by the Ministry of Economy in cooperation with the Ministry of Infrastructure.
Amendments to the public procurement law
To reduce the number of cancelled tender procedures for road projects the public procurement law was amended. On 24 October 2008, the act of 4 September 2008 (Journal of Laws No. 171, item 1058) – amending the public procurement law and other acts – came into force. The amendment was drafted by the Public Procurement Office in cooperation with the Ministry of Infrastructure.
The provisions, proposed by the Ministry of Infrastructure, enables minor corrections in the general procurement notice, what will not allow to appeal against the favourable bids.
Now, another amendment to the law is under way.
Environmental law in compliance with EU law
On 15 November 2008, the latest amendment to the environmental law came into force. Thanks to the adopted regulations: act of 3 October 2008 on the provision of information on the environment and its protection, participation of the society in the environmental protection and environmental impact assessment (Journal of Laws for the year 2008 No. 199, item 1227), and act of 3 October 2008 amending the environmental protection act and other acts (Journal of Laws for the year 2008 No. 201, item 1237), all infrastructural investments comply with the EU environmental regulations.
Eco-friendly roads
It is for the first time that the environmental impact assessment was drafted for the National Road Construction Programme 2008-2012. It allowed to see potential conflicts – those environmental as well as social, which may impact road investments. As a result, the issues of road use and ecology may be reconciled.
