ACT

of 16 December 2005

on the financing of inland transport infrastructure

• Metric
• Codified text

Article 1. [ Regulatory scope] 1. The Act governs general rules for financing the construction, rebuilding, renovation, maintenance and protection of land transport infrastructure and management of this infrastructure.

2. The provisions of the Act do not apply to toll motorways being built and operated on the basis of prescribed regulations on toll motorways and on the National Road Fund, subject to Art. 6.

Article 2. [ Land transport infrastructure] Whenever the law refers to land transport infrastructure, it is understood by public roads within the meaning of Article 4 (1) of Regulation (a) (a) (a) (c) 1 of the Act of 21 March 1985. o public roads (Dz. U. of 2004 Nr 204, pos. 2086, with late. 1. ¹⁾ ) and railway infrastructure within the meaning of Article 4 point 1 of the Act of 28 March 2003. o Rail transport (Dz. U. Nr 86, pos. 789, with late. 1. ²⁾ ).

Article 3. [ Financing of tasks in the field of road construction] 1. The tasks of construction, rebuilding, repair, maintenance and protection of roads and management shall be financed by:

1) the minister competent for transport by means of the General Director of the National Roads and Motorways or the road special purpose companies with regard to national roads;

2) the voivodship's self-government in relation to the provincial roads;

3) the district self-government with regard to the district roads.

2. The tasks concerning the financing of construction, reconstruction, renovation, maintenance and protection of municipal roads and the management of them are financed from the budgets of the municipalities.

3. Within the limits of the cities on the district rights of the task in the field of financing, construction, rebuilding, renovation, maintenance, protection and management of public roads, with the exception of motorways and expressways, are financed from the budgets of these cities.

4. The tasks of construction, rebuilding, overhaul, maintenance and protection of roads and management of roads shall be financed by the means of the entities managing these roads.

5. [ 1] Construction, reconstruction, renovation, maintenance and protection of public roads can be carried out with the participation of physical and monetary resources provided by natural persons and legal persons, domestic and foreign persons, and organisational units without any legal personality, including in the framework of public-private partnership.

Article 4. [ Railway infrastructure] 1. The tasks of construction, rebuilding, overhaul, maintenance and protection of railway infrastructure and management shall be financed from the means of the railway infrastructure manager.

2. The tasks referred to in paragraph 2. 1, may be financed or co-financed by the Minister responsible for transport by means of the measures referred to in art. 5, provided that the railway infrastructure is made available by the liquidators under the conditions laid down in the Act of 28 March 2003. o by rail transport.

Article 5. [ Land transport infrastructure] Expenditure relating to construction, reconstruction, renovation, maintenance, protection and management of the land transport infrastructure, financed or financed by the Minister responsible for transport, shall be fixed at the level of the Finance Act at the level of the non-inferior than 18% of the revenue from excise duty on motor fuels planned for a given year.

Article 6. [ Acquisition of real estate for the construction of toll motorways] 1. The Minister responsible for transport may delegate the part of the measures referred to in the Article. 5, for the acquisition of real estate intended for the construction of toll motorways.

2. In the event of a threat to the execution of the construction of toll motorways due to the lack of funds for the acquisition of the property referred to in paragraph. 1, the minister responsible for transport shall determine, by regulation, the percentage share of the transferred part of the measures referred to in Article 3. 5, up to 20%, taking into account the implementation of the motorway construction programme and the degree of advancement of the investment.

Article 7. [ Sources of financing of public roads and railway infrastructure] 1. The source of public road funding is also the financial resources defined by regulations on public roads, regulations on road transport and regulations on toll motorways and on the National Road Fund.

2. The source of the financing of railway infrastructure are also the financial resources defined by the regulations on railway transport and the provisions of the Railway Fund.

Article 8. [ Law on National Development Plan] In the Act of 20 April 2004. o National Development Plan (Dz. U. No 116, item. 1206 and 2005 No. 90, item. 759) in art. 30 par. 1 is replaced by the following

" 1. For projects carried out under the programmes referred to in Article 8 ust. 1, co-financed by public Community measures and projects under the Cohesion Fund strategy, the beneficiary may obtain a contribution from the State budget, if so provided by the programmes, of which Article 8 ust. 1 points 1 to 3, or the Cohesion Fund use strategy, based on the criteria referred to in Article 1 (1) (a) of the Regulation. 4 par. 1 point 7, or this is due to the provisions of the Act of 16 December 2005. on the financing of inland transport infrastructure (Dz. U. Nr 267, poz. 2251), of the Act of 27 October 1994. on toll motorways and on the National Road Fund (Dz. U. of 2004 Nr 256, pos. 2571 and No. 273, pos. 2703 and 2005 Nr 155, poz. 1297 i Nr 172, poz. 1440), of the Act of 28 March 2003. o Rail transport (Dz. U. Nr 86, pos. 789, with late. 1. ³⁾ ), the Act of 18 July 2001. -Water law (Dz. U. of 2005 Nr 239, poz. 2019) or the Act of 6 July 2001. establishing a multiannual programme "Programme for Odra-2006" (Dz. U. Nr. 98, pos. 1067 and No. 154, pos. 1800 and 2002 No. 216, item. 1827). '

Article 9. [ The Act on specific rules for the preparation and implementation of investments in the field of national roads] In the Act of 10 April 2003. special rules for the preparation and implementation of investments in the field of national roads (Dz. U. Nr 80, poz. 721 i Nr 217, poz. 2124 and 2005 Nr 113, pos. 954 i Nr 175, poz. 1462) in art. 22 par. 1 is replaced by the following

" 1. Costs for the acquisition of immovable property under the road, including compensation, shall be financed on the basis of the provisions on the financing of inland transport infrastructure, public road regulations and the rules on toll motorways and the National Fund Road. '.

Article 10. [ Law on public road financing] Whenever the legislation in force refers to the Public Road Financing Act, it is understood by this law on the financing of the land transport infrastructure.

Article 11. [ Expenditure related to construction, rebuilding, refurbishing, maintenance, protection and management of national roads] Expenditure relating to construction, reconstruction, renovation, maintenance, protection and management of national roads within the meaning of the Article 1 of the Act of 21 March 1985. on public roads and railway infrastructure within the meaning of art. 4 point 1 of the Act of 28 March 2003. the railway transport, financed by the minister responsible for transport, shall be set up in the 2006 budget law. at a rate of not less than 12% of the excise duty on motor fuels planned for the year in question.

Article 12. [ Repealed provisions] The Act of 29 August 1997 is repealed. o financing of public roads (Dz. U. No 123, pos. 780, 1998 No. 106, pos. 668 i Nr 150, poz. 983, of 2000 No 12, pos. 136, of 2002 No. 216, item. 1826 and Nr. 240, pos. 2057, 2003 No. 200, pos. 1953, No. 203, pos. 1966 and No. 217, pos. 2124 and 2005 No. 163, pos. 1364 i Nr 169, poz. 1420).

Article 13. [ Entry into force] The Act shall enter into force on 1 January 2006.

¹⁾ Amendments to the text of the single law have been announced in the Dz. U. of 2004 Nr 273, poz. 2703 and 2005 No. 163, pos. 1362 i 1364, Nr 169, poz. 1420, Nr 172, pos. 1440 and 1441 and No. 179, pos. 1486.

²⁾ The amendments to the said Act were announced in Dz. U. 2003 r. No. 170, pos. 1652 and No. 203, pos. 1966, 2004 Nr 92, pos. 883, Nr 96, pos. 959, Nr 97, poz. 962 and No. 173, pos. 1808 and 2005 Nr 157, poz. 1314, Nr 163, pos. 1362 i Nr 169, poz. 1420.

³⁾ The amendments to the said Act were announced in Dz. U. 2003 r. No. 170, pos. 1652 and No. 203, pos. 1966, 2004 Nr 92, pos. 883, Nr 96, pos. 959, Nr 97, poz. 962 and No. 173, pos. 1808 and 2005 Nr 157, poz. 1314, Nr 163, pos. 1362 i Nr 169, poz. 1420.

[ 1] Article 3 (1) 5 in the version set by the Article. 31 of the Act of 19 December 2008. o public-private partnership (Journal of Laws 2009 No 19, pos. 100). The amendment entered into force on 27 February 2009.