The Act Of 11 August 2001 On Specific Legal Solutions Related To The Removal Of The Effects Of Floods In July And August 2001 And On Amendments To Certain Laws

Original Language Title: USTAWA z dnia 11 sierpnia 2001 r. o szczególnych rozwiązaniach prawnych związanych z usuwaniem skutków powodzi z lipca i sierpnia 2001 r. oraz o zmianie niektórych ustaw

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Article. 1. [Definitions] used in this Act shall mean: 1) flooding-flooding inland in the wake of the precipitation, which took place in July and August 2001, 2) victims-individuals, legal persons or organizational units not having a legal personality, that floods have suffered property damage or lost, at least temporarily, the ability to use your property or premises.

Article. 2. the [Delegation] the competent Minister of the public administration determines, by regulation, a list of the municipalities or towns affected by the floods, taking into account article. 36, and taking into account the data provided by the competent provincial governors.

Article. 3. [reduction of income of height loss] Taxpayers income tax: 1) legal persons, referred to in the Act of February 15, 1992 on income tax from legal persons (Journal of laws of 2000, no. 54, item 654, no. 60, item 700 and 703, no. 86, item 958, no. 103, item 1100, no. 117, item 1228 and # 122, item 1315 and 1324) , 2) from individuals, receiving income from the sources referred to in article 1. 10 paragraph 1. 1 paragraphs 3 and 4 of the Act of 26 July 1991 on income tax from natural persons (Journal of laws of 2000, no. 14, item 176, no. 22, item 270, no. 60, item 703, no. 70, item 816, no. 104, item 1104, no. 117, item 1228 and # 122, item 1324 and 2001 No 4, item 27, # 8 , item. 64, No 52, item. 539, no. 73, item. 764 and No. 74, item. 784)-who suffered actual damage in connection with the flood, may reduce the income of height loss, referred to respectively in article. 7 paragraph 1. 2 of the Act referred to in paragraph 1 and in article 3. 9. 3 and 4 of the Act referred to in paragraph 2, suffered in the tax year includes July and August 2001, during the period of the next five fiscal years; the height of the lower revenue in the fiscal year determines the taxpayer.

Article. 4. [the cost of obtaining revenue] 1. The costs of obtaining revenues for taxable persons referred to in article 1. 3, except in the cases set out in the laws referred to in article 1. 3, are: 1) the debt written off as uncollectible, previously treated as assets as revenue due, which declared irrecoverable was caused by the insolvency of the debtor as a result of the flood, or 2) reserve created to cover a claim previously zarachowanych as revenue receivable, which was declared irrecoverable uprawdopodobniona insolvency of the debtor as a result of the flood, 3) in organizational units taxpayers income tax from legal persons empowered, on the basis of separate laws governing the principle of their operation to grant loans (loans): a) due and bad loans (loans), less the amount of the outstanding interest and equivalent provisions for these credits (loans), credited to the cost of obtaining income granted before 31 August 2001 to those affected by the flood, or b) reserve created to cover maturing and bad loans (loans), referred to in point (a). (a)), with the exception of provisions created to cover such credits (loans), which have been granted in violation of the law, the violation should be identified final court, 4) incurred investment costs which started before August 31, 2001, and omitted to 31 December 2001 in connection with the floods.

2. the provisions of paragraphs 1 and 2. 1 paragraphs 1-3 shall apply only if you have received from the debtor a copy of the statement referred to in article 2. 6 paragraph 1. 1. Article. 5. [depreciation allowance] 1. Taxable persons referred to in article 1. 3, can make the depreciation on fixed assets on the principles set out in the laws referred to in article 1. 3, using the rates laid down in schedules annual depreciation rates, annexed to these laws, hereinafter referred to as "Lists", by increasing it by a factor of: 1) not more than 4-in the case of fixed assets listed in positions 04-10 Lists, 2) not more than 6-in the case of fixed assets listed in 01-03 lists.

2. The depreciation rates increased in accordance with paragraph 1. 1 paragraph 1 shall apply to the initial value of fixed assets in the first tax year of their use, and in the following years-to their initial value, less current depreciation, fixed at the beginning of the years of their use. Starting with the tax year in which the annual depreciation amount calculated according to this principle, it would be less than the annual amount of depreciation, calculated using the annual depreciation rate niepodwyższonej, taxpayers shall make a further depreciation of the initial value of fixed assets, according to the annual depreciation rate resulting from the lists.

3. The depreciation rates increased in accordance with paragraph 1. 1 point 2 shall apply in any fiscal year to the initial value of fixed assets.

4. the provisions of paragraphs 1 and 2. 1-3 apply to fixed assets made by a taxable person for the first time to records (catalog) of fixed assets and the cast to use in the period from 1 September 2001 to 31 December 2004.

5. expenditure for the reconstruction, within the meaning of article 3. 4 paragraph 1 of the law of 11 August 2001 on specific principles of reconstruction, repair and demolition of buildings destroyed or damaged as a result of the action element (Journal of laws No. 84, item 906), buildings damaged as a result of flooding increase their initial value. This value can also increase spending on the repair of these objects, unless it has been included in cost of revenue. Not yet applied to these objects, the depreciation rates can be increased by applying the coefficient not higher than 4 in the case of reconstruction or not higher than 2 in the case of repair of these objects.

6. in the case of improvements of damaged as a result of the flood of fixed assets other than the properties referred to in paragraph 1. 5, purchased or produced in-house by 31 August 2001, previously used to these fixed assets depreciation rates can be increased by applying the coefficient not higher than 3.

7. Expenses for renovation of fixed assets referred to in paragraph 1. 6, may increase the initial value of these measures, unless it has been included in cost of revenue. In this case, the provision of paragraph 1. 6 shall apply mutatis mutandis.

Article. 6. [a statement of the material injury suffered actual damages] 1. Taxable persons referred to in article 1. 3, shall be submitted to the tax office, competent in matters relating to income tax, a statement of the material injury suffered actual damage to property not later than 30 November 2001 a statement, certified by the authority of the municipality, which had a flood, should include at least a brief description of the damage, without having to make them.

2. In the event of damage caused by the flood of documents necessary to determine the tax liability for the tax year that includes July and August 2001 all documents and testimony from witnesses to prove the amount of income, the cost of obtaining them, income (loss), the tax base, the tax payable and the amount of the deductions from tax. The obligation to collect those documents and witnesses is the responsibility of the taxpayer.

3. the provision of paragraph 1. 2 shall apply mutatis mutandis to taxpayers which tax year elapsed before 1 July 2001, but the obligation of filing preliminary will expire as from 1 July 2001.

Article. 7. [the advance on income tax] 1. Taxable persons referred to in article 1. 3, shall be required on the basis of the laws referred to in article 1. 3 to the payment of advances for income tax, who since the beginning of the fiscal year to 31 August 2001 on the income shown in the declarations on income tax for that period are paying tax resulting from these declarations, and then in a declaration drawn up no later than by October 2001 showed a loss, shall have the right in 2001 to return this part of income tax paid, which corresponds to the difference between the amount of tax paid and the amount of tax payable for that period.

2. reimbursement of taxes paid on income referred to in paragraph 1. 1, at the request of the taxpayer filed, together with a declaration of income tax, if the taxpayer made a statement referred to in article 1. 6 paragraph 1. 1.3. The tax office returns the amount paid income tax, determined in accordance with paragraph 1. 1, within a period not exceeding 30 days from the date of submission of the Declaration, referred to in paragraph 1. 1. Article. 8. [exemption from income tax] 1. In the period up to 31 December 2002. releases from income tax: 1) grants, subsidies, subsidies, grants and other free benefits received by taxpayers of income tax on natural persons or legal entities for the removal of the effects of floods, 2) donations received by taxpayers income tax of legal entities for the purposes referred to in paragraph 1, 3) the amount of the forgiven loans granted from the funds of the State Fund for rehabilitation of disabled persons : and) disabilities-for the purposes of economic activities, b) sheltered employment companies-for investment-if in connection with the flood loss possibility of repayment of these loans.

2. The exemption referred to in paragraph 1. 1 point 2 and 3, shall apply to the taxable persons referred to in article 1. 3.


3. If the income referred to in paragraph 1. 1, have been spent on the acquisition or production of their own fixed assets, not to apply the provisions of article 5. 16 paragraph. 1 paragraph 48 of the Act referred to in article 1. 3 paragraph 1 and article. 23 paragraph 1. 1, paragraph 45 of the Act referred to in article 1. 3 paragraph 2.

4. Shall be exempt from inheritance tax and gift tax donation for people affected by the floods.

5. Releases from stamp duty acts, certificates and permits related to playback of documents destroyed or lost as a result of the flood.

6. The exemption referred to in paragraph 1. 4 and 5 shall apply until 31 December 2003.

Article. 9. [help in kind] 1. Farm holders, within the meaning of the agricultural tax, and those leading the departments special agricultural production in the areas affected by the flood aid in kind, provided through the municipality.

2. the aid referred to in paragraph 1. 1, is the ability to receive free of charge from the agricultural market agency wheat for submerged by flooding arable land, orchards and fish ponds, hereinafter referred to as "permanent grassland".

3. the amount of the aid referred to in paragraph 1. 1, sets out to: 1) 1 tonne of wheat to 1 hectare of arable land-the first 10 hectares of land flooded by the flood, 2) 0.5 tons of wheat on 1 hectare of land-an area exceeding 10 hectares of land flooded by the flood.

4. The aid referred to in paragraph 1. 1, at the request of the injured person, made immediately, but no later than February 28, 2002, in the municipality, in which the damage occurred.

5. the application referred to in paragraph 1. 4, includes: 1) the name, surname and address or name and registered office of the applicant, 2) specifying the size of the surface of the flooded by flood areas.

6. the Executive Board of the municipality, after checking the applications immediately, but not later than 15 March 2002, passes them on to the competent territorial Governor.

7. the Governor, after the verification of claims provided by the Executive Board of the municipality, reports to the President of the agricultural market Agency immediately, but not later than 31 March 2002, balanced the needs of the individual municipalities the assistance referred to in paragraph 1. 1.8. Agricultural market agency as soon as you receive the balanced the needs referred to in paragraph 1. 7, provides municipalities the wheat at the nearest store.

9. A municipality receives wheat from storage, referred to in paragraph 1. 8, and passes it to the victims.

10. When granting the aid referred to in paragraph 1. 1, the State reserve.

Article. 10. [to subsidize interest rates] interest subsidies for loans, entered into on the terms specified in the law of 5 January 1995 on support payments to interest on certain bank loans (OJ No 13, item 60 and # 83, poz. 418, 1996, no. 152, item. 719, 1997, no. 80, item 504, no. 107, item 690, no. 121, item 770 and # 158 , item. 1044, with 1999 No. 27, item. 243, no. 63, item. 702 and No. 70, item. 778, 2000, no. 122, item. 1315 and 2001 No 72, item. 744 and 746), for the period from 1 July 2000 to 30 June 2001, for the objectives set out in article 1. 4 paragraph 1. 1 paragraph 1 of this law, for those with farms or engaged in special departments of agricultural production, in which there were serious damage caused by the floods, can be applied for a period not longer than 24 months from the date of receipt of the loan.

Article. 11. [refund of part of the income foregone] 1. The municipality referred to in the list referred to under art. 2, receiving in 2001, on the basis of the law of 26 November 1998 on the incomes of local government units in the years 1999-2001 (Journal of laws No. 150, item 983 and # 162, item 1119, 2000, no. 95, item 1041 and 2001 No. 39.459 and No. 55, item. 574), subsidy, can apply for a refund of part of the income foregone for the rights and not taken, the amount of property tax that have been destroyed by floods.

2. By lost revenue referred to in paragraph 1. 1, means the amount of property tax rights, not downloaded, for the second half of 2001 as a result of the introduction of the exemptions from this tax.

3. reimbursement referred to in paragraph 1. 1 shall be made, as part of the overall subsidy equivalent, the proper minister of public financies, at the request of the municipality, reviewed by the proper voivode, filed by 31 October 2001.

4. The proper Minister of public financies specifies by regulation, model application referred to in paragraph 1. 3, having regard to the need to include in the data on the financial impact of used by the municipality.

5. The proper Minister of public financies distributes resources for reimbursement, as referred to in paragraph 1. 1, in proportion to the loss by the municipalities of revenue and forward them to the municipalities within a period until 31 December 2001.

Article. 12. [Free supply of drugs] 1. People affected by the flood, and for this reason in the dearth shall lie from health insurance free supply of medicines covered by the lists of essential medicines, and formulated and medicines referred to in article 1. 39 of the Act of 6 February 1997 on universal health insurance (Journal of laws No. 28, item 153 75, no.. 468, of 1998, no. 117, item 756, Nr 137, poz. 887, No 144, item 929 and No. 162, item 1116, 1999, no. 45, item 439, no. 49, item 483, no. 63, item 700, no. 70, item 777 , No 72, item. 802, Nr 109, poz. 1236 and No. 110, item. 1255 and 1256, 2000 # 12, item. 136, no. 18, item. 230, Nr 95, poz. 1041 and # 122, item. 1311 and 1324 and 2001 No 8, item. 64 and No 52, item. 539), subject to article 22. 38 of the law on universal health insurance.

2. the persons referred to in paragraph 1. 1, in addition to the presentation of a prescription, referred to in article 1. 35 the Act referred to in paragraph 1. 1, should be the correct certificate issued by the municipal authority, proving the circumstances referred to in paragraph 1. 1.3. The person that provides the prescription notes on the prescription of the municipality code and the number of the certificate for the free supply of medicines.

4. A prescription for persons referred to in paragraph 1. 1, retain their validity until 31 October 2001.

5. the flat-rate Fee and partial payment for drugs, referred to in article 1. 37 and 39 of the Act referred to in paragraph 1. 1 shall be borne by the State budget by reducing the obligations of health insurance to the State budget in respect of loan referred to in art. 169i of this Act.

6. the costs of prescriptions by persons referred to in paragraph 1. 1, not covered by universal health insurance, medications, referred to in article 1. 37 and 39 of the Act referred to in paragraph 1. 1 shall be borne by the State budget in the manner referred to in paragraph 1. 5.7. At the request of the health insurance fund of the municipality shall provide the data on the certificates referred to in paragraph 1. 2, including the numbers of these certificates and identification data of the persons concerned.

8. The proper Minister of public financies reduces the obligations of health insurance for loan amounts resulting from the implementation by health insurance a lump and partial remuneration and expenses referred to in paragraph 1. 5 and 6, based on cumulative listings of prescriptions.

Article. 13. [Agreement to perform health care services] 1. Health insurance companies with a means of early repayment of the whole or part of the loan received, referred to in article 1. 169i of the Act referred to in article 1. 12 paragraph 1. 1, may delegate authority to the local government unit appropriate for the land affected by the flood measures to remove the effects of the devastation made on service providers with that of Ppos of the contract to perform the health benefits.

2. the measures referred to in paragraph 1. 1, the local government unit competent for the area covered by the flood passes healthcare providers to 31 October 2001.

3. The proper Minister of public financies reduces the obligations of health insurance for loan amounts equivalent to those provided by the health insurance fund to the authorities of local government units to remove the damage referred to in paragraph 1. 1.4. The Governor shall check the appropriateness and efficiency use of resources provided by health insurance providers on the basis of paragraph 1. 1; to control apply principles stemming from article. 93 of the Act of 26 November 1998 on the public finances (Journal of laws No. 155, item 1014, 1999, no. 38, item 360, no. 49, item 485, no. 70, item 778 and No. 110, item. 1255, 2000 # 6, item 69, no. 12, item 136, no. 48, item. 550, Nr 95, poz. 1041, no. 119, item 1251 and # 122 , item. 1315 and from 2001 No. 45, item. 497 and # 46, item. 499.) Art. 14. [Delegation], the Council of Ministers shall determine by regulation: 1) the identification and implementation of the prescriptions carried out free of charge on the basis of article. 12, having regard to the ability to produce a cumulative statement of these prescriptions, 2) the manner and conditions for transfers of funds referred to in article 1. 13 paragraph 1. 1, by the health of the sick units of local government authorities and healthcare providers by those authorities, in particular taking into account the degree of destruction of objects and equipment used by service providers.

Article. 15. [matters relating to the removal of the effects of floods] 1. Public administrations acting in the provisions of the administrative procedure code are required to get things associated with the removal of the effects of floods in the first place and without undue delay, no later than within one month from the date of the initiation of the proceeding.


2. in the case of non-observance of the time limit referred to in paragraph 1. 1, page's for a complaint to the Administrative Court [1] for failure. In these cases the provisions of article 4. 37 of the administrative code shall not apply.

3. In the event of an idle body the Supreme Administrative Court may impose that authority with a fine. Decision on punishment of a fine shall be enforced by judicial enforcement without treating it an enforceable. The fine imposed to the height of the average monthly wage in the national economy in the previous year, issued by the President of the Central Statistical Office on the basis of separate provisions. [2] 4. The Supreme Court, the Supreme Administrative Court courts and provincial administrative courts [3] recognize the case related to the removal of the effects of floods in the first place.

Article. 16. [the repayment of a loan or a loan] 1. The owner or Manager of a residential building or dwelling damaged or destroyed by flooding can, with credit obtained on the principles set out in the Act of 8 July 1999 on support payments to interest on bank credits granted for the removal of the effects of floods (Journal of laws No. 62, item 690 and 2001 No. 84, item. 907), to make the repayment of the whole or part of a bank loan or bank loans , entered into before the date of entry into force of this Act for the construction or renovation of a building or premises.

2. Credit obtained on the basis of the provisions of the Act referred to in paragraph 1. 1 can not be used for the repayment of a loan or a loan granted from public funds or subsidized interest rate subsidies from public funds.

Article. 17. [the application of the provisions of the law on real estate economy] 1. To dispose of Treasury stock and resources of local government units real estate for housing for those affected shall apply mutatis mutandis to article. 37 paragraph 2. 3 of the Act of 21 August 1997 on real estate economy (Journal of laws of 2000, no. 46, item. 543).

2. in the case of construction or reconstruction of the flood-affected areas of the technical infrastructure devices shall not apply the provisions of section III of Chapter 7 of the Act referred to in paragraph 1. 1. Article. 18. [exclusion of application of the provisions of the Act the right geological and mining] 1. In the period up to 30 June 2002, the flood-affected areas for the extraction of minerals common, referred to in article 1. 16 paragraph. 2A of the Act of 4 February 1994-the geological and Mining Law (Journal of laws No. 27, item 96, of 1996, no. 106, item 496.1997, No. 88, item 554, no. 111, item 726 and No 133, item 885, of 1998, no. 106, item 668. and 2000 No 109, poz. 1157 and No. 120, item 1268) in order to eliminate damages incurred as a result of flooding shall not apply the provisions of this Act.

2. In the cases referred to in paragraph 1. 1, the extraction of minerals to the liquidation of damages incurred as a result of the floods on the basis of a decision of a release as soon as possible after receipt of the request.

3. the proposal for a decision on the extraction of minerals, referred to in paragraph 1. 2, should include: 1) the designation of the entrepreneur the applicant a decision 2) to determine the law of the applicant to the terrain on which to be extracted based, 3) the type of mineral that has to be the subject of mining, and its extraction, 4) a declaration by the applicant that the extracted kopalina will be used in its entirety to the liquidation of damages incurred as a result of the flood.

4. The decision referred to in paragraph 1. 2, shall be: 1) the trader a fossil in the mining, 2) type of extracted minerals, 3) extraction of minerals, 4) the area where you want the extracted kopalina, 5) requirements for extraction of minerals, in particular in terms of safety and environmental protection.

5. The trader from a fossil in a common flood-affected areas on the basis of a concession granted before the date of entry into force of the Act shall retain the right to the extraction of these minerals under the conditions laid down in these concessions.

Article. 19. [exclusion of application of the provisions of the Water Act] in the period up to 31 July 2002 in areas affected by the floods: 1) does not apply to the provisions of article 4. 82 paragraph 1. 1 paragraphs 1-3 of the Act of 24 October 1974-water law (Journal of laws No. 38, item 230, 1980 # 3, item 6, 1983, No. 44, item 201, 1989 # 26, poz. 139 and # 35, item 192, 1990, no. 34, item 198 and # 39, item 222, 1991, no. 32 , item. 131 and # 77, item. 335, 1993 # 40. 183, 1994, no. 27, item. 96, 1995, no. 47, item. 243, 1996, no. 106, item. 496, 1997, no. 47, item. 299, no. 88, item. 554 and No 133, item. 885, of 1998, no. 106, item. 668, 2000 # 12, item. 136, no. 89, item. 991, # 109, poz. 1157 and No. 120, item. 1268 and 2001 No. 5, item. 43 and No. 72, item. 747) in relation to the water facilities damaged or destroyed during the flood, 2) appeal against the decision of the import authorisations referred to in article wodnoprawnych. 82 paragraph 1. 1 paragraph 4-12 of the Act referred to in paragraph 1 shall not suspend the implementation of these decisions, 3) shall not be required to carry out, on the basis of separate provisions, procedures for environmental impact assessment of projects likely to have significant effects on the environment, involving the renovation, reconstruction or rebuilding together with modernization of the work for which is required: a) the decision to licence for the construction or demolition work and the decision on the change of use of the work or part thereof , b) wodnoprawnego in the exercise equipment, c) of the decision setting out the conditions for the pursuit of the work involving the regulation of the waters and the construction of levees and drainage works, drainage and other Earth-moving machinery-changing water relations-in areas with specific natural values.

Article. 20. [violation of provisions in connection with the flood] Regional Environmental Officer, after reviewing the organizational units located in areas affected by the floods, may waive, in whole or in part, in the period up to 31 December 2001, monetary penalties referred to in the provisions of the Act, referred to in article 1. 19, paragraph 1, the rules about waste and environmental regulations, in so far as the infringement has occurred in connection with the floods.

Article. 21. [measures to fund social benefits] fund social services referred to in the Act of 4 March 1994, the share of Welfare Fund (Journal of laws of 1996, no. 70, item. 335, no. 118, item 561 139, item No.. 647 and # 147, 686, 1997 No 82, item 518 and No. 121, item 770 and the 1998 # 75 , item. 486 & # 113, item. 717), can be used to help employees of another employer affected by the flood.

Article. 22. [to entrust to an employee to work a different kind of] the employer may delegate to an employee to perform the work, other than resulting from an established, if this is necessary in connection with the removal of the effects of floods on the employer. In this case, the employee retains the right to existing salary, calculated according to the rules for calculating the remuneration for annual leave.

Article. 23. [the number of overtime hours] the number of overtime hours worked by the employee in connection with employment directly by removing the effects of floods is not factor to limit overtime hours, as referred to in article. 133 § 2 of the labour code.

Article. 24. [Cause usprawiedliwiająca in the absence of the employee] 1. Reason for justifying the absence of the employee at work is the actual inability to work due to the floods.

2. For justified absence from work with the reasons referred to in paragraph 1. 1, the employee retains the right to the appropriate part of the lowest remuneration, specified by the Minister responsible for the work on the basis of article. 774, paragraph 1 of the labour code, for a period of not more than 5 working days.

3. the provision of paragraph 1. 2 does not apply to employees whose entitlement to remuneration for time justified absence from work due to flooding or to any other form of compensation for lost wages in this respect stems from separate regulations.

4. the remuneration referred to in paragraph 1. 2 pay the employer.

Article. 25. [member of the families of those affected by the flood] 1. Family members of those who died in connection with the flood, are entitled to a one-off cash benefit of one-time compensation provided for by the law of 12 June 1975 on benefits in respect of accidents at work and occupational diseases (Journal of laws of 1983, no. 30, item 144, 1989, no. 35, item 192 of 1990 No. 36, item 206, 1991 No 94 , item. 422, 1995 # 4, item. 17, 1996, no. 24, item. 110 and No. 100, item. 461 1998 106 No and item. 668 and No. 162, item. 1118). 2. In the period from 1 September to 31 December 2001 in assessing the right to family allowance for members of the families of those affected by the flood does not apply to the provisions concerning the income qualifying for this benefit.

3. A one-off cash benefit paid by social insurance funds allocated from the State budget.


Article. 26. [social security contributions workers] 1. Social security contributions for workers in part due from the payer contributions and interest for late payment for the month of July and August 2001, may be discontinued at the request of the payer's contributions justified damages property suffered as a result of the flood.

2. the provision of paragraph 1. 1 shall apply mutatis mutandis to the insured persons paying social security contributions in respect of conducting non-agricultural economic activities.

3. Receivables Cash Agricultural social insurance in respect of social security contributions of farmers and interest on arrears for III and IV quarter 2001 and I and II quarter 2002 from insured farmers, who have suffered damage as a result of flooding, may be discontinued at their request substantiated experience damage to run the farm.

Article. 27. [Authorization] Empowers the Minister responsible for the Treasury to spend, to 31 December 2001, up to $50 million, the financial resources referred to in article 1. 39 of the Act of 30 April 1993 on national investment funds and privatisation (Journal of laws No. 44, item 202, 1994, no. 84, item 385, 1997 # 30, item 164, no. 47, item 298 and # 107, item. 691, 2000, no. 122, item 1319. and 2001 No. 63, item 637), for purposes related to the removal of the effects of floods.

Article. 28. [Obligation report] assisting Authorities on the basis of the law of 30 June 2000 on the conditions of admissibility and supervising public aid for entrepreneurs (OJ No 60, poz. 704), whose head office is located in the municipalities or towns affected by the floods, do not have the obligation to submit the reports referred to in article 1. 35 paragraph 1. 2 of this Act, for III and IV quarter 2001

Article. 29. [compensation for uncollected income or expenses] the financial consequences arising from regulation, referred to in article 1. 9 and 18, do not constitute a base for municipalities to apply for from the State budget for uncollected income or expenses.

Article. 30. [Act on the protection and shaping the environment] in the Act of 31 January 1980 on the protection and shaping the environment (Journal of laws of 1994, no. 49, item 196, 1995, no. 90, item 446, 1996, no. 106, item 496. and no 132, item 622, 1997, no. 46, item 296, no. 96, item 592, # 121 , item. 770 and No 133, item. 885, of 1998, no. 106, item. 668, 1999 No. 101, item. 1178, 2000 # 12, item. 136, no. 48, item. 550, Nr 62, poz. 718 and No. 109, item. 1157 and from 2001, no. 38, item. 452, no. 45, item. 497, no. 63, item. 634, no. 73, item. 764 and No. 76, item. 811) art. 88j is replaced by the following: "Article. 88j. Measures of district funds be allocated to support the activities referred to in article 1. 88 section 1-7a, and on: 1) projects related to the storage and disposal of waste, including the co-financing of environmental investments of a supra, 2) other tasks established by the Council of the County designed to protect the environment and water management, deriving from the principle of sustainable development. "

Article. 31. [law on payments for interest on bank loans granted to remove the effects of the flood] in the law of 8 July 1999 on support payments to interest on bank credits granted for the removal of the effects of floods (Journal of laws No. 62, item 690) is amended as follows: 1) art. 1 shall be replaced by the following: "Article. 1.1. Act governs the application of surcharges to interest rates granted by the banks to remove the effects of floods.

2. the provisions of this Act shall apply mutatis mutandis to the landslides and hurricanes. ";

2) article. 2 in paragraph 3 after the words "such as", the words "roads,";

3) article. 3: a) in paragraphs 1 and 2. 1 in point 5 of the period is replaced by a comma and the following paragraph 6 is added: "6) purchase of a dwelling or residential building with similar characteristics, if the renovation or restoration of a dwelling or residential building damaged by the flood is impossible or unreasonable due to the threat of flood.", b) in paragraph 2. 2, after the words "for the construction of", the words "or purchase";

4) article. 4 in paragraph 1. 1 in point 2: a) introductory is replaced by the following: "2) 100% of the value of the estimate or purchase price accordingly:" (b)) (a). (c)) the period is replaced by a comma and the following subparagraph (b). (d)) shall be added: ' (d)) the purchase of a dwelling or apartment building, in the case of a loan referred to in art. 3 paragraphs 1 and 2. 1 paragraph 6. ';

5) article. 5: a) in paragraphs 1 and 2. 1 point 2 shall be replaced by the following: "2) the amount of the loan does not exceed the appropriate purchase price or value of the budget of the project, as referred to in article. 3 paragraphs 1 and 2. 1 and 2.0 ' b) (2). 4 shall be replaced by the following: "4. If the purchase price of the dwelling or residential building, or the cost of upgrading renovation or restoration of a residential building, exceed the product of the usable area damaged or destroyed the premises or building and last set by the voivode of the conversion ratio of 1 m2 of usable area of a residential building, referred to in the Act referred to in article 1. 2, paragraph 4, the cost can be covered by the interest portion of the loan in an amount corresponding to the ago the product. ';

6) article. 6 the following paragraphs. 5 shall be added: "5. the provision of paragraph 1. 4 shall apply mutatis mutandis in the case of a loan for the purchase of a dwelling or residential building, referred to in article 1. 3 paragraphs 1 and 2. 1 paragraph 6. "

Article. 32. [Act on the implementation of the State budget in 2001 and amending the law on the income of local government units in the years 1999-2001] in the law of March 2, 2001 on the implementation of the State budget in 2001 and amending the law on the income of local government units in the years 1999-2001 (Journal of laws No. 55, item. 574) article. 4 in paragraph 1. 5 the word "be" is replaced by "may be".

Article. 33. [Aid] Aid, referred to in the Act referred to in article 1. 31:1) can also be applied to interest on loans to remove the effects of the landslides, which occurred from 2000 onwards; in the case of loans granted for this purpose before the date of entry into force of this Act shall not apply. 4 of the Act, referred to in article 1. 31, 2) to the interest rate on loans granted before the date of entry into force of this Act for the removal of the effects of floods that have taken place since 1997, are used on the basis of existing.

Article. 34. [harm to property] 1. Who brings out on the basis of the decision referred to in article 1. 18 paragraph 1. 2, ' common and uses them for purposes other than those referred to in art. 18 paragraph 1. 1, causing damage to property, shall be punishable by detention or a fine.

2. Decisions on matters referred to in paragraph 1. 1 is on the principles and set out in the code of conduct in cases of misconduct.

Article. 35. [implementing legislation] regulation issued pursuant to art. 4 paragraph 1. 5 of the Act referred to in article 1. 32 retains power until a regulation pursuant to article. 4 paragraph 1. 5 this act as amended by this Act.

Article. 36. [the application of the provisions of the Act] the provisions of this Act shall apply mutatis mutandis to persons injured by landslides, earth-moving or hurricanes.

Article. 37. [a reference to the provisions of the Act] the provisions of art. 23 and 24 shall also apply to cases of the removal of the effects of floods and the impossibility of performance of work by the employee in connection with the flood, occurring before the date of entry into force of the Act, no earlier however than before the start of the flood.

Article. 38. [entry into force] [4] this Act shall enter into force on the date of the notice, with the exception of article. 31, which shall enter into force after 14 days from the date of the notice.

[1] Article. 15 paragraph 1. 2 in the version established by art. 80 paragraph 1 of the Act of 30 August 2002-introductory provisions the law-the law on administrative courts and the law – law on proceedings before administrative courts (Journal of laws. # 153, item. 1271; OST. d.: OJ in 2003 No 228, item. 2256). the change entered into force on 1 January 2004.

[2] Article. 15 paragraph 1. 3 in the version established by art. 80 paragraph 2 of the Act of 30 August 2002-introductory provisions the law-the law on administrative courts and the law – law on proceedings before administrative courts (Journal of laws. # 153, item. 1271; OST. d.: OJ in 2003 No 228, item. 2256). the change entered into force on 1 January 2004.

[3] Article. 15 paragraph 1. 4 in the version established by art. 80 paragraph 3 of the Act of 30 August 2002-introductory provisions the law-the law on administrative courts and the law – law on proceedings before administrative courts (Journal of laws. # 153, item. 1271; OST. d.: OJ in 2003 No 228, item. 2256). the change entered into force on 1 January 2004.

[4] this Act comes into force on August 14, 2001, with the exception of article. 31, which shall enter into force on 29 August 2001.

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