Q&A
Frequently Asked Questions and Answers for Landowners
This is a strip of land occupied during the construction of the gas pipeline. The width of the strip is determined individually for each project.
The width of the control zone is defined for each new gas pipeline under construction. According to the current regulations (effective since 2001), it is up to 12 m, i.e. 6 m on each side from the axis of the gas pipeline (for high-pressure gas pipelines with nominal pipe diameter exceeding 500 mm).
It should be emphasised that the routes of new gas pipelines in most cases, run alongside existing gas pipelines and within their control zone which is much wider for gas pipelines built before 2001. Thanks to this approach land owners are generally protected from suffering any additional legal restrictions.
Removing of the topsoil, i.e. collecting/preserving the top layer of (organic) soil from the construction site is a necessary step before beginning pipeline construction works.
High-pressure gas pipelines will be laid in a trench at a minimum depth of 1.2 m from the top surface of the pipe to ground level.
Obstacles that prevent the pipeline from being laid in a trench (e.g. rivers, roads, railway lines) will be overcome using trenchless methods (e.g. pipe jacking, directional drilling).
All building contractors for gas pipelines are required to restore each plot of land to its original condition, i.e. tidy up the site. Potential changes in that condition may result from the provisions of relevant environmental decisions or building regulations. Naturally, it should be noted that the tidying up of a given area will be carefully considered on a case by case basis.
During the implementation of large and complex gas infrastructure investments across the country, it is sometimes impossible to entirely avoid some minor damage to drainage systems or local roads.
Whenever any drainage systems are damaged they will be rebuilt/repaired and restored to their original condition by the respective contractor.
After the completion of construction works is guaranteed to GAZ-SYSTEM S.A. by the contractors that drainage systems works properly in accordance with the generally applicable regulations. If a landowner notices any symptoms that may indicate faulty performance of drainage facilities during or after the construction of a gas pipeline, this should be immediately notified to GAZ-SYSTEM S.A. Prompt notification will help avoid greater damage and losses. Compensation will be paid to the landowner or perpetual usufructuary of the land in the event when they suffered demonstrable losses.
When will the landowner be able to restart farming on a plot of land crossed by a gas pipeline route?
Building contractors are required to restore each property to its original condition, i.e. tidy up the site.
Upon completion of the works on a given site, a final report will be drawn up by the Contractor for the Investor, i.e. GAZ-SYSTEM S.A. The report will specify the type of damage made to a specific plot of land and will be submitted to the competent voivode to initiate and conduct administrative proceedings by that authority to assess compensation.
The properties will be returned gradually, as the works advance along the individual sections of the gas pipelines under construction. Each case will also be considered individually.
Yes, the landowners will receive compensation for the construction of the pipeline on their land, and there are two types of compensation that may be legally applicable:
- on the grounds of restricted ability to use the property
- for expropriation and in connection with expropriation
and in case of material damage (for crop losses, etc.).
Under the Act of 24 April 2009 on the investments in the liquefied natural gas regasification terminal in Świnoujście (consolidatet text: 2021 item: 1836), which forms the basis for most GAZ-SYSTEM S.A.’s strategic investments, the competent authority to grant compensation is the Voivode. The competent Voivode initiates the compensation procedure ex officio.
The decision on granting and the level of compensation for the restriction of the ownership right in connection with the:
- establishment of a pipeline buffer zone, occupation of the property
- during the construction and for farming
- other damage caused during the pipeline construction is taken by the competent Voivode on the basis of assessments made by certified property valuers.
The voivode will also receive baseline and final reports from the investor with a description of the individual properties and the type of damage caused for the specific plot. In case of compensation due for expropriation or in connection with expropriation, its level and payment will be agreed in writing between the voivode and the person entitled to such compensation.
The procedure to award compensation for damages due to restricted use of the property will be initiated ex officio upon the completion of construction of the relevant gas pipeline.
The decision to award compensation is issued by the competent voivode on the basis of an appraisal prepared by a property valuer.
The owner/perpetual usufructuary of the plot will be notified by the competent Voivode about the commencement of administrative procedure to determine the amount of compensation, and will then be able to review the relevant documentation of the case.
The decision assessing the compensation may be appealed against to the competent Minister within 14 days of the decision having been served upon the party.
The compensation payment is made within 14 days of the above decision of the voivode becoming final.
The payment of compensation due for expropriation or in connection with expropriation will be agreed in writing between the voivode and the person entitled to such compensation.
If, within 2 months from the date on which the decision on the determination of the location of the gas pipeline has become final no agreement has been reached, the amount of compensation is determined by the voivode by way of a decision.
The compensation payments will take into account the loss of benefits where landowners are entitled to direct payments or payments under agri-environmental schemes.
Where and by what date should the landowner declare the area of the plot(s) excluded from agricultural or forestry use?
The owner of land eligible for subsidies is obliged to notify the appropriate District Office of the Agency for Restructuring and Modernisation of Agriculture within 10-15 working days (depending on the program) from the date of commencement of construction works on the land.
The notification should contain information about the exclusion of the respective area of land. Information on the area of land excluded from agricultural production can be obtained from the relevant commune office or from the investor.
According to current regulations the safety zones of gas pipelines should be clear of any trees or shrubs, buildings, permanent depots and/or warehouses, or any other activity which might pose a threat to the safe operation of pipelines. Unfortunately, trees growing in the safety zones of gas pipelines can significantly affect the safety of gas pipelines.
In accordance with § 10.4 of Regulation of the Minister of Economy of 26 April 2013 on the technical conditions to be met by gas networks and their location “No trees may grow in the control zones within a distance of less than 2.0 m from gas pipelines with a diameter of up to and including DN 300 and 3.0 m from gas pipelines with a diameter greater than DN 300, counting from the axis of the gas pipeline to the tree trunks. Any works within the control zones may only be carried out after prior agreement of the method of their performance with the relevant gas network operator.”
At the same time, in accordance with § 20.1: “When a gas pipeline laid in forest clearings there should be a dedicated strip of land free of trees and bushes with a minimum width of 2.0 m on both sides of the axis of the gas pipeline, counting from the axis of the gas pipeline to tree trunks or to bushes”.
