Key Benefits:
ACT
of 28 September 1991
Forest
Chapter 1
General provisions
Article 1. [ Regulatory scope] The Act shall specify:
1) the rules of conservation, conservation and enlargement of forest resources and the rules of forest management in conjunction with other elements of the environment and with the national economy;
2) the rules of liability for breaches of regulations:
(a) Council Regulation (EC) No 2173/2005 of 20 December 2005. on the establishment of a system of authorisations for imports of timber into the European Community of FLEGT (Dz. Urz. EU L 347, 30.12.2005, p. 1, from late. zm.), hereinafter referred to as 'Regulation No 2173/2005',
(b) Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010. laying down the obligations of operators who place timber and timber products on the market (Dz. Urz. EU L 295, 12.11.2010, p. 23), hereinafter referred to as 'Regulation No 995/2010'.
Article 1a. [ Referral] Cases concerning:
1) imports of timber into the European Union determine the provisions of Regulation (EC) No 2173/2005;
2. the placing on the market of timber and timber products and the disposal and purchase of wood and wood products placed on the market, including by organisational units without legal personality, determine the provisions of Regulation No 995/2010.
Article 2. [ Exemption of application of the law] The provisions of the Act apply to forests, regardless of the form of their property.
Article 3. [ Forest Definition] The forest within the meaning of the Act is land:
1. with a minimum area of 0,10 ha, covered with forest vegetation (forest crops)-trees and shrubs and forest runes-or intermittently deprived of:
(a) intended for forestry production or
(b) as a nature reserve or a national park, or
c) entered in the register of monuments;
2) related to the forest economy, occupied under the used for the needs of forest management: buildings and structures, water melioration facilities, lines of spatial division of the forest, forest roads, lands under energy lines, forest nurseries, places the storage of wood, and also used for forest parks and tourist facilities.
Article 4. [ Forests of the State Treasury] 1. The State Treasury Forests are managed by State Forests Forest State Forests, hereinafter referred to as the "State Forests".
2. The provision of the paragraph. 1 shall not apply to forests:
1) being in the use of the perpetuated national parks;
2) forming part of the Agricultural Property Resource of the State Treasury;
3) which are in perpetuation of the perpetuation under separate regulations.
3. Under the Management Board of the State Forests, the State Forests operate in forest management, land and other real estate and movable property associated with forest management, as well as records of the assets of the State Treasury and establish its value.
4. Supervision of the State Forests shall be exercised by the Minister responsible for environmental matters.
Article 5. [ Supervision of forest management] 1. The supervision of the forest economy shall check:
1) the Minister for Environment-in the forests owned by the State Treasury;
2) starosta-in forests not owned by the State Treasury. 1a. (repealed)
2. In forests, through which the border of powiats is crossed, the supervision of the forest management is exercised by the starosta, on whose territory the larger part of the forest area is located.
3. The Starosta may, by agreement, entrust the conduct on his behalf of the supervision matters referred to in the paragraph. 1 point 2, including the issuance of administrative decisions in the first instance, the Forestry of State Forests, hereinafter referred to as 'superforestry'.
3a. In the case of entrusts referred to in paragraph 1, the task referred to in paragraph 1 1 point 2, the starosta transfers the funds for the implementation of this task.
4. The superforestry is carried out by the state of affairs, referred to in paragraph. 2 and 3, having ensured by the trustee of the financial resources for these purposes.
5. The tasks of the starosty referred to in art. 13 (1) 3 point 2, art. 16 ust. 1a, art. 22 par. 2 and Art. 38a ust. 2, they are tasks in the scope of government administration.
Article 5a. [ Entruning the performance of tasks] The General Director of Environmental Protection may entrust, by agreement, the Director of the Regional Directorate of State Forests to perform tasks outside the field of his/her activities, related to the implementation of the plan of conservation tasks or the conservation plan of the area Natura 2000.
Article 5b. Minister competent for the environment can take action to develop a national forest programme as a strategic forest development programme in Poland.
Article 6. [ Definitions] 1. The terms used in the determination shall mean:
1) forest management-forestry activities in the area of the design, conservation and management of the forest, the maintenance and expansion of forest resources and crops, the management of creditors, the acquisition-except for the buying-in-of wood, resin, Christmas trees, carpines, bark, igliwia, zwierzyna, and foetuses of the forest, as well as the sale of these products and the implementation of the non-production functions of the forest;
(1a) sustainable forest management-an activity aimed at the development of the structure of forests and their use in a way and at a pace that ensures the sustainable preservation of their biological wealth, high productivity and regenerative potential, the viability and ability to fill, now and in the future, all important protective, economic and social functions at local, national and global level, without harming other ecosystems;
2) the tree bonitation class-an indicator of the production capacity of the forest habitat and the forest stand;
3) owner of the forest-a natural or legal person who is the owner or a perpetual user of the forest and a natural person, a legal person or an organizational unit without legal personality who is a self-possessed person, a user, a manager or a lessee of the forest;
4) threat of persistence-the state of the forest caused by external factors or abnormal forest management, requiring the release and protective procedures or its redevelopment;
5) (repealed)
6) plan of the forest device-the basic document of the forest economy being developed for a specific object, containing description and assessment of the state of the forest and the objectives, tasks and ways of conducting forest management;
7) a simplified plan of the forest equipment-a plan drawn up for the forest with a area of at least 10 ha, constituting a compact forest complex containing a shortened description of the forest and land intended for afforestation and basic tasks concerning the forest management;
8. forest roads-roads located in forests which are not public roads within the meaning of public road regulations;
9) FTE-the quantity of wood to be collected in the forest device plan or the simplified plan of the forest equipment, resulting from the needs of the renewal, nurturing and protection of the forest, and the principle of durability and continuity of use;
(10) the size of timber harvested-the size (pulp) of wood to be obtained from economic and financial plans;
11) a nature conservation programme-part of a forest device plan containing a comprehensive description of the state of nature, its conservation tasks and its method of implementation, covering the territorial scope of the forestry.
2. (repealed)
3. In the forests referred to in art. 4 par. 2 points 2, which are in the form of perpetuation, as defined in the law and obligations Agricultural Property Agency of the State Treasury [ 1] Perform the perpetual user.
Chapter 2
Forest management
Article 7. [ Forest Device Plan] 1. The sustainable forest management shall be carried out on the basis of a forest device plan or a simplified forest design plan, taking into account in particular the following objectives:
1) the preservation of forests and the beneficial impact on the climate, air, water, soil, living and human health conditions and on the natural balance;
2) conservation of forests, especially forests and forest ecosystems constituting natural fragments of native nature or forests particularly valuable due to:
(a) the preservation of natural diversity,
(b) conservation of forest genetic resources,
(c) landscape valorals,
d) the need for learning;
3) the protection of soils and areas particularly vulnerable to pollution or damage, and of special social importance;
4) protection of surface and deep-sea water, water catchment retention, in particular in the areas of water-water and the supply areas of groundwater reservoirs;
5) production, on the principle of rational economy, wood and raw materials and by-products of forest use.
2. Forest farming in forests constituting nature reserves and which are part of national parks shall take into account the principles set out in the nature conservation rules.
3. The forest economy in forests inscribed in the register of monuments and in forests, on the territory of which there are archaeological monuments inscribed in the register of monuments, is conducted in agreement with the voivodship conservator of the monuments, taking into account the provisions of the the protection of monuments and the care of the monuments.
Article 8. [ Principles of forest management] Forest management is carried out according to the following principles:
1) the general protection of forests;
(2) the sustainability of forests;
3) the continuity and sustainable use of all forest functions;
4) enlargement of forest resources.
Article 9. [ Obligations of forest owners] 1. In order to ensure the universal protection of forests, forest owners are required to shape the balance in forest ecosystems, lifting the natural resistance of the trees, and in particular to:
1. the execution of preventive and protective procedures to prevent the emergence and spread of fires;
2) the prevention, detection and control of excessively emerging and spreading harmful organisms;
3) the protection of soil and forest waters.
2. In the event of failure to comply with the obligations referred to in paragraph. 1, in forests not owned by the Treasury the task of forest owners determines, by decision, the starosta.
3. The Minister responsible for the environment in agreement with the Minister responsible for internal affairs will determine, by way of regulation, detailed rules for the protection of forest fire protection.
Article 10. [ Harmful Organisms] 1. In the event of the occurrence of harmful organisms to a degree of endangerence of forests
1. the superforestry, subject to point 2, shall carry out combat and protective procedures;
2) the starosta, ex officio, or at the request of the superforestry, manages the execution of combat and protective procedures in the forests at risk, which are not owned by the State Treasury, at the expense of the appropriate superforestry activities.
2. (repealed)
3. If necessary, the execution of the antitrust and protective procedures in the area of two or more superforestry-execution of the treatments referred to in paragraph. 1 point 1, manages the director of the regional directorate of the State Forests.
Article 11. [ Application of provisions of the Civil Code] The organizational unit, the natural or legal person responsible for the damage in the forests shall be required to make good the damage according to the rules laid down in the Civil Code.
Article 12. [ Reconstruction costs of the tree stand] 1. In the absence of possibility to establish the perpetrator of the damage in the forests resulting from the effects of gases and industrial dust, and in the case of fires or other natural disasters caused by biotic or abiotic agents, threatening the sustainability of forests, the management and conservation costs associated with the renewal or rebuilding of the timber state are financed from the state budget.
2. Decisions on the granting of funds to cover the costs referred to in the paragraph. 1, they issue:
1) the Minister for Environment, on a proposal from the Director-General of the State Forests, hereinafter referred to as the "Director-General"-with regard to forests remaining in the management of the State Forests, being in perpetual use and forests transferred to the use under Article 40;
2) an ancient, at the request of the owner of the forest, after an opinion by the superforestry-in relation to the remaining forests, carrying out a task from the scope of government administration.
Article 13. [ Special responsibilities of forest owners] 1. Forest owners are required to permanently maintain forests and ensure the continuity of their use, and in particular to:
1) conservation in forests of forest vegetation (forest crops) and natural swamps and peat bogs;
2) re-introduction of forest vegetation (forest crops) in forests within a period of up to 5 years from the removal of the tree stand;
3) cultivating and protecting the forest, including fire protection;
4) rebuilding of a tree stand, which does not ensure the achievement of the objectives of forest management, contained in the forest device plan, a simplified plan of the forest device or the decision referred to in art. 19 (1) 3;
5) the rational use of the forest in a manner permanently ensuring the optimum implementation of all its functions by:
(a) harvuring of wood within the limits of the production capacity of the forest,
(b) the extraction of raw materials and by-products of forest use in such a way as to ensure that they are able to be biologically reproduced, as well as the protection of forest ores.
2. The change of forest for agricultural use is acceptable in cases of particularly justified needs of forest owners.
3. In the cases referred to in paragraph. 2:
1) in relation to the forests owned by the Treasury the decision shall be issued by the Director of the Regional Directorate of State Forests, at the request of the surewood;
2) in relation to the forests not owned by the Treasury the decision shall be issued by the starost at the request of the owner of the forest.
Art. 13a. [ Obligations Of State Forests] 1. In order to implement the sustainable forest management of forests, State Forests shall, in particular, be required to:
1) to initiate, coordinate and conduct a periodic assessment of the state of forests and forest resources and to forecast changes in forest ecosystems;
2) the preparation of periodic large-area inventory of forest condition and updating the state of forest resources;
3) run a bank of data on forest resources and the state of forests.
2. The tasks referred to in paragraph 2. 1 points 2 and 3 shall be implemented irrespective of the form of ownership of forests.
Article 13b. [ Establishment of forest promotional complexes] 1. In order to promote sustainable forest management and conservation of natural resources in forests, the Director General may, by way of ordinance, establish forest promotional complexes.
2. The forest promotion complexes consist of forests in the management of the State Forests. Forests of other owners may be included in the forest promotion complexes, at their request.
3. Leśne promotional complexes are functional areas of ecological, educational and social importance, for which the activity defines a single economic and protective programme, developed by the competent director of the Regional Directorate of Forests State.
4. For each forest promotion complex, the General Director shall appoint a Scientific and Social Council, to which the initiating and evaluation of the implementation of the activities undertaken in the forest promotional complex shall be carried out.
Article 14. [ Enlargement of forest resources] 1. The growing of forest resources is carried out as a result of the flooding of the land and the increase in the production of the forest in the manner specified in the forest device plan.
2. Non-graded land, agricultural land not suitable for agricultural production and agricultural land not used for agricultural purposes and other land suitable for afforestation may be used for afforestation, and in particular:
1) land located at the source of rivers or streams, on the water bodies, along the banks of the rivers and on the outskirts of lakes and reservoirs;
2) volatile sand dunes and sand dunes;
3) steep slopes, slopes, cliffs and collaptures;
4) heaps and terrain after the exploited sand, gravel, peat and clay.
2a. The size of the afforestation, their distribution and the way of implementation is determined by the national programme of increasing the lesist developed by the Minister responsible for environmental matters, approved by the Council of Ministers.
3. The land intended for afforestation shall be determined by the local spatial development plan or the decision on the conditions for the construction and development of the land.
4. The obligation to afforestation the land of pregnancy on the overforest land in relation to land on the Management Board of State Forests and on the owners or users of the perpetual land.
5. Owners or users of land republic may receive grants from the state budget allocated to the total or partial coverage of the costs of land afforestation referred to in the paragraph. 3. The decision on the granting of funds to cover these costs shall be issued by the starost at the request of the owner or the perpetual user, after an opinion by the mayor (mayor, president of the city), taking into account the provisions on public aid.
6. (repealed)
7. The old age due to the location of the land covered by the afforestation assesses the management of forest crops at the latest on the fifth year of the ground flooding and reclassifies from the office afforested land on the forest, if the land is flooded with on the basis of the provisions on support for rural development from the Guarantee Section of the European Agricultural Guidance and Guarantee Fund, or on the basis of the provisions on support for rural development with the participation of the European resources Rural Development Fund within the Development Programme Rural areas for the period 2007-2013, or on the basis of the provisions on support for rural development with the contribution of the European Agricultural Fund for Rural Development under the Rural Development Programme for the period 2014-2020.
8. The Starosta may entrust, by agreement, an assessment of the udateness of the over-forest crops.
Art. 14a. [ Wood Occitation] 1. Wood obtained in the woods is subject to an occhuted.
2. The obligation to feature wood lies with the owners of the forests, subject to the paragraph. 3.
3. Wood acquired in forests which are not owned by the State Treasury is characterised by an old age which issues a document to the owner of the forest stating that the timber is legally harvested.
(4) The Minister responsible for the environment shall determine, by means of a regulation, detailed rules for the characterising of the wood, the design of the equipment and the rules for their use and the design of the document stating the legality of the collection of the wood.
Chapter 3
Protective forests
Article 15. [ Definition of protection forests] Protected forests, hereinafter referred to as 'protective forests', may be considered to be forests which:
1) protect the soil from washing or sinishing, prevent the removal of the earth, ripping of rocks or avalanches;
2) protect the resources of surface water and groundwater, regulate hydrological relations in the catchment area and in the areas of the water-clad;
3) limit the emergence or spread of volatile sand;
4) are permanently damaged by the industry's activities;
5. they constitute seed trees or oesties of animals and plant sites subject to species conservation;
6) have a special natural-scientific importance or for the defence and security of the State;
7. are located:
(a) within the administrative boundaries of the cities and within 10 km of the administrative boundaries of cities with more than 50 000 cities. residents,
(b) in the protection zones of health resorts and health protection areas within the meaning of the Act of 28 July 2005. o Health care, health and health care areas as well as health resorts (Dz. U. 2012 r. items 651 and 742 and from 2015 items 1844),
(c) in the zone of the upper forest border
Article 16. [ Recognition of the forest as protective] 1. The Minister of the Environment shall, by decision, recognise the forest as protective or deprive it of this character, upon the request of the Director General, opinionated by the municipal council-in respect of forests constituting the property of the State Treasury.
1a. The Starosta, after agreement with the owner of the forest and after consulting the municipal council, by decision, considers the forest protective or depriving it of this character-in relation to the other forests.
2. The municipal council should express an opinion within two months from the day of receipt of the occurrence of its expression. In the event of the expiry of that period, it is considered that the municipal council does not raise any objections.
Article 17. [ Delegation] The Minister responsible for the environment will determine, by regulation, detailed rules and mode for the recognition of forests as protective and detailed rules for the management of forest management in them.
Chapter 4
Forest Device Plan
Article 18. [ Forest Device Plan] 1. The plan of the forest equipment shall be drawn up, subject to paragraph. 2, for 10 years, taking into account:
1) the natural and economic conditions of the forest economy;
2) the objectives and principles of the forest economy and the ways of their implementation, defined for each tree stand and the facility being decorated, taking into account the protective forests.
2. In cases justified by the state of the forests, and in particular the occurrence of damage or natural disasters, the plan of the forest equipment may be developed for periods of less than 10 years.
3. Change of the period referred to in paragraph. 1 and 2, requires the approval of the approval authority of the forest device plan.
4. The plan of the forest equipment shall contain in particular:
1) a description of forests and land intended for afforestation, including:
(a) a statement of the areas of forests, land intended for afforestation and protection forests,
(b) a summary of the forest area with forest vegetation (forest crops) by tree species in trees, age classes, classes of bonitation of trees, and forest functions;
2) analysis of forest management over the past period;
2a) a nature conservation programme;
3. the definition of tasks, including in particular concerning:
(a) the quantity intended for the collection of wood, referred to separately as the pulp of the working of the wood and the surface area of the area of the ankles,
(b) afforestation and renewal,
(c) nursing and protection of the forest, including fire protection,
(d) the hunting economy,
(e) the need for technical infrastructure.
Article 19. [ Simplified forest device plans] 1. The plans of the forest equipment shall be drawn up for forests owned by the State Treasury, subject to the paragraph. 2.
2. Simplified forest equipment plans, subject to the paragraph. 3 and 4 shall be drawn up for forests which are not owned by the State Treasury and for forests which are part of the Agricultural Property of the State Treasury.
3. For wooded forests of up to 10 ha, which are not owned by the State Treasury, forest management tasks are determined by the decision of the starost based on the inventory of the state of the forests.
4. For wooded forests of up to 10 ha, which are included in the Agricultural Property Resource of the State Treasury, forestry tasks on the basis of the inventory of forest status are defined by the Forestry Forest.
5. Plans of the forest equipment and simplified plans of the forest equipment shall be drawn up by specialist units or other entities of the equipment.
Art. 19a. (repealed)
Art. 19b. (repealed)
Art. 19c. [ Eligible for Forest Device Plans] The implementation of the plans of the forest equipment may be carried out by the entrepreneur, including the service provider within the meaning of the art. 2. 1 point 2 (a) b of the Act of 4 March 2010. o the provision of services in the territory of the Republic of Poland (Dz. U. No 47, pos. 278, z Late. zm.), which has the technical equipment and employs persons with the necessary qualifications necessary for the timely and correct preparation of forest equipment plans.
Article 20. [ Registration of land] 1. The local spatial development plans shall take account of the establishment of forest equipment plans concerning the borders and the surface of forests, including the conservation forests.
2. The records of land and buildings shall take into account the arrangement of forest equipment plans and simplified forest device plans concerning the boundaries and surface of the forest.
Article 21. [ Forest Equipment Plan Items] 1. The forest equipment plan or the simplified plan of the forest device shall be drawn up:
1) for forests in the management of the State Forests-commissioned and the cost of the State Forests;
2) for forests not owned by the State Treasury, belonging to natural persons and land communities-on behalf of the starost;
3) for the remaining forests-on request and the cost of owners.
2. Probe of the state of forests referred to in art. 19 (1) 3, shall be carried out on behalf of the starost.
3. Probe of the state of the forest referred to in art. 19 (1) 4, it is carried out at the expense Agricultural Property Agency of the State Treasury .
4. The project of a simplified plan of the forest device is to be made public for a period of 60 days at the seat of the municipal office. The development of a simplified design plan of the mayor of the forest (mayor, president of the city) informs the forest owners in writing, with the indication that the simplified plan of the forest equipment will be the basis for the calculation of the forest tax.
5. Within 30 days from the date of application of the simplified plan of the forest device plan, interested forest owners may submit reservations and proposals on the plan. The starosta shall issue decisions on the recognition or non-recognition of objections or requests.
Article 21a. [ Entruning the performance of the work] 1. Performing work from the scope of:
1) periodic multi-area inventory of forest condition,
2) updating the state of forest resources,
3) conduct of the bank of data on forest resources and the state of forests
4) (lost power)
-is entrusted to the State Enterprise under the name of the Forestry Equipment Bureau and the Forest Geodesy.
2. The provisions of the Act of 30 August 1996 do not apply to the State-owned company under the name of the Office of the Forestry and Geodesy of Forestry with its registered office in Warsaw. o commercialisation and privatisation (Dz. U. of 2015 items 747 and 978).
Article 22. [ Delegation] 1. The Minister of Environmental Affairs approves the plan of the forest equipment for forests owned by the State Treasury and simplified plans of the forest device for forests forming part of the Agricultural Property of the State Treasury.
2. The Starosta, after obtaining the opinion of the relevant territorially superforestry, approves the simplified plan of the forest device.
3. Within 30 days from the date of receipt of the draft of the simplified plan of the forest, the forest superforestry device may raise objections. In the event of the expiry of that period, the superforestry shall be deemed not to raise objections.
4. The Minister responsible for environmental matters shall supervise the implementation of plans of the forest equipment for forests owned by the State Treasury and the implementation of simplified plans of the forest equipment for forests forming part of the Agricultural Property of the State Treasury.
5. The Starosta supervises the execution of approved simplified plans of the forest equipment which are not owned by the State Treasury.
Article 23. [ Change Plan] 1. The change of the plan of the forest device or the simplified plan of the forest device may be made by an annexation, subject to the paragraph. Articles 2 and 4 and the provisions of Article 4 22.
2. The increase in the size of the collection of wood in the forestry sector above the size specified in the plan of the forest equipment shall only occur in connection with the damage or the natural disaster.
3. In the absence of the possibility of maintaining the establishment of a period of time for the establishment of the staff to cut the use of the log for the reasons referred to in paragraph 3. 2, the forest device plan shall be amended in accordance with the procedure laid down in paragraph 2. 1.
4. The recovery of wood in forests which are not owned by the State Treasury, not according to the simplified forest design plan or the decision referred to in art. 19 (1) 3, it is possible only in random cases; decisions on this matter, at the request of the owner of the forest, shall be issued by the starost.
Article 24. [ Job Execution Order] If the owner of a forest not owned by the Treasury does not perform the obligations laid down in the Art. 13 or does not perform the tasks contained in the simplified plan of the forest device or the decision referred to in art. 19 (1) 3, in particular as regards:
1) re-introduction of forest vegetation (forest crops),
2) reconstructs of the tree stand,
3) nurturing and protection of the forest, including:
(a) the removal of trees controlled by harmful organisms, as well as scraps and subverses,
(b) the treatment of forest vegetation (forest crops) up to 10 years of age,
(c) fire protection treatments
-the starosta directs the execution of these duties and tasks by decision.
Article 25. [ Delegation] The Minister responsible for the environment will determine, by means of a regulation:
1) the detailed conditions and mode of drawing up the forest device plan, the simplified plan of the forest device and the inventory of the forest condition referred to in art. 19 (1) 3,
2. the detailed requirements for the technical equipment and the capacity of the personnel capacity necessary for the smooth and timely execution of the work, including education, seniority, and the activities performed
-with a view to ensuring timely and correct drawing up of forest equipment plans.
Chapter 5
Rules on forest provisioning
Article 26. [ Prohibition of introduction] 1. Forests owned by the State Treasury, subject to the paragraph. 2 and 3, they are made available to the population.
2. The permanent prohibition of admission is covered by the following forests:
1. forest crops up to 4 m high;
2. experimental surfaces and seed trees;
3) ostoje animals;
4) spring rivers and pipelines;
5) areas threatened by erosion.
3. The Nadforestry introduces a periodic prohibition of admission to the forest constituting the property of the State Treasury, in case:
1) destruction or significant damage to the trees or the degradation of forest ore;
2) there is a high risk of fire;
3) economic treatments related to breeding, forest protection or the collection of wood are carried out.
4. Forests covered by a permanent or periodic prohibition of admission, except in the cases referred to in the paragraph. Article 2 (1) means any sign of "prohibition of introduction" and an indication of the reason and the term of the prohibition. The obligation to set and maintain the signs of gestations on superforestry in relation to forests in the management of the State Forests and on the owners of other forests.
(5) The Minister responsible for the environment shall determine, by means of a regulation, a model for the prohibition of admission to the forest and the rules for its affixing.
Article 27. [ Supply of foetal foetal crops] 1. Forests constituting the property of the State Treasury shall be made available, taking into account the prohibitions contained in art. 26 and art. 30, for the set of foetal forest foetuses:
1) for own needs;
2) for industrial purposes, subject to the paragraph. 2 and 3.
2. A collection of foetuses for industrial use for industrial purposes requires the conclusion of an agreement with the forestry body.
3. The overforest shall refuse to enter into an agreement where the set of forest ore threatens the forest environment.
4. The location of the apiary in the forests owned by the State Treasury is free of charge.
5. The Minister responsible for the environment will determine, by way of regulation, detailed rules for the protection and harvesting of forest ores and the rules for locating the apiaries in the forest areas.
Article 28. [ Boards prohibiting admission] The owner of a forest which is not owned by the Treasury may prohibit access to the forest by marking the forest with an appropriate inscription.
Article 29. [ Vehicle permitted traffic] 1. The movement of motor vehicles, fixtures and mopeds in the forest is only permitted by public roads, while forest roads are only allowed when they are marked by road signs allowing traffic on these roads. This does not apply to invalids moving in vehicles adapted to their needs.
1a. Horse riding in the forest is permitted only by forest roads designated by the forest superforestry.
2. The parking of the vehicles referred to in paragraph 2. 1, on forest roads is allowed only in marked places.
3. The provisions of the paragraph. 1 and Art. 26 par. 2 and 3, as well as art. 28, do not relate to performing business or economic activities:
1) employees of over-forest workers;
2) persons supervising the forest economy and controlling the organizational units of the State Forests;
3. persons fighting fires and life-saving or human health;
4) Border Guard officers protecting the state border and the officers of other authorities responsible for security and public order;
5) persons performing activities in the field of hunting economy and owners of apiaries located in the forest areas;
6) forest owners in their own forests;
7) occupants of agricultural land located among forests;
8) employees of forest scientific units, research and experimental institutes, in connection with the execution of scientific research and experience in the field of forestry and nature conservation;
9) the voivodship of nature conservators and employees of the Service of the Landscape Parks;
10) persons drawing up plans for the forest equipment, simplified plans of the forest device or the inventory of the forest condition referred to in art. 19 (1) 3.
4. Sports events and other mass events organized in the forest require the consent of the owner of the forest.
Article 30. [ Forbidden] 1. In the woods, it shall be prohibited:
1) pollution of soil and water;
2. the mockling;
3) excavation of the land;
4) destruction of mushrooms and mushrooms;
5) destroy or damage trees, shrubs or other plants;
6) destruction of equipment and economic, tourist and technical facilities, and signs and tables;
7) harvesting of forest foetuses in marked places of prohibited;
8) the despising and harvesting of litter;
(9) the grazing of livestock;
10) camping outside the places designated by the owner of the forest or the forest superforestry;
11) picking eggs and chicks, destruction of fowls and bird's nests, and destruction of legalities, nor and frozen birds;
12) to pay, to prosecute, to capture and kill wild animals;
13) circulating in bulk dogs;
14. the noise and the use of sound signals, except where the alarm is triggered.
2. The provisions of the paragraph. Points 3 and 5 do not apply to forest management activities and paragraphs 12 to 14 do not concern hunting.
3. In forests and in the centre of forests, as well as within 100 m of the forest border, it is forbidden to take action and actions that may cause danger, and in particular:
1) the opening of fire outside the places designated for that purpose by the owner of the forest or the forest superforestry;
2) use of open flame;
3) the firing of the top layer of soil and plant residues.
4. The provisions of the paragraph. 3 shall not apply to activities and activities relating to forest management, provided that these operations do not constitute a fire hazard.
Article 31. [ Forest in perpetuation] In the case of a forest that is in perpetuation of a perpetuated state on the basis of separate regulations or of an agricultural property of the State Treasury, the tasks and competences referred to in art. 10 para. 1 point 1, art. 13 (1) 3 point 1, art. 26 par. 3 and 4 and Art. 30 par. 1 point 10 and paragraph. 3 point 1 shall be carried out appropriately by the perpetual user or Treasury Property Agency of the State Treasury . Whenever these provisions are concerned, the following is mentioned:
1) Superforestry-this shall be understood by the organization unit of the perpetual user, or Agricultural Property Agency of the State Treasury established for the management of forest management;
2) Superforestry-this shall be understood by the manager of the organisational unit referred to in point 1.
Chapter 6
State Forestry Forest State Forests
Article 32. [ Representation in Managed Property Range] 1. State forests as a state organizational unit without legal personality represent the State Treasury in terms of managed property.
2. The composition of the State Forests includes the following organisational units:
1. Directorate General Of State Forests;
2) regional directorates of the State Forests;
3. superforestry;
4) other organisational units without legal personality.
3. Organizational units:
1) referred to in paragraph 1. Article 2 (2), establishes, links, divides, liquidates and defines their territorial coverage by means of a regulation, the Minister responsible for the environment, on a proposal from the Director-General;
2) referred to in paragraph 1. In accordance with Article 2 (2), the Director General, on a proposal from the Regional Director of the directorate of the State Forests, shall establish, link, share, liquidate and define the territorial scope of the General Director.
4. (repealed)
Article 33. [ Management Of State Forests] 1. The State Forests shall be headed by the Director General, with the assistance of the directors of the regional directorates of the State Forests.
2. The Director General shall establish and refer to the Minister responsible for the environment.
3. The Director General shall in particular:
1) represents the State Treasury in civil-law relations, within the scope of its action;
1a) initiates, coordinates and supervises the activities of the directors of regional directorates of the State Forests and managers of other organisational units of the State Forests with national coverage;
1b) manage the land and other real estate acquired or separated from the direct management board of the Forestry for the needs of the Directorate General of State Forests or joint ventures of the organisational units of the State Forests;
2) create, link, divide and liquidate organizational units with the national scope referred to in art. 32 par. 2 point 4;
3) initiates, organises and coordinates projects for the protection of forests, rational forest management and forestry development;
4) organizes device planning in forests and forecasting in forestry;
5) supervise and coordinate the tasks in the field of human resources education for forestry and the popularization of forest knowledge;
6) initiates, endorses and finances forestry research and supervises the use of the results of these studies;
7) equates the shortages of funds in the superforestry and regional directorates of the State Forests, resulting from the diversified conditions of forest management;
8) organize joint ventures of the organizational units of the State Forests;
9) establish and dismiss:
(a) the Deputy Director-General, in agreement with the Minister responsible for the environment,
(b) the Chief Inspector of the Forest Guard,
(c) directors of regional directorates of the State Forests,
(d) the managers of the organisational units referred to in point 2.
Article 34. [ Director of the Regional Directorate of State Forests] Director of the Regional Directorate of State Forests, in particular:
1) represents the State Treasury in civil-law relations, within the scope of its action;
2) create, with the consent of the Director General, as well as links, divides and liquidates the regional-scoped organizational units referred to in art. 32 par. 2 point 4;
2a) manages land and other real estate acquired or separated from the direct management board of the Forestry, for the needs of the regional directorate of the State Forests;
2b) refers and refers to:
a) Deputy Director of the Regional Directorate for State Forests, in agreement with the General Director,
(b) superforestry,
(c) the managers of the business units referred to in point 2;
2c) initiates, coordinates and supervises the activities of the superforestry and the managers of the regional organisational units;
3) organize joint ventures of supervised organizational units in the scope of forest protection and rational forest management;
4. has the financial resources, allocated to the level of the shortage of funds in the individual forestry sector, resulting from the diversified conditions of forest management;
5) conducts training and professional guidance in forestry;
6) (repealed)
7) conducts forestry service activities in favour of supervised entities and other entrepreneurs;
8) represents the State Treasury in matters arising from the regulatory proceedings defined in the Act on the ratio of the State to the churches and other religious associations in the Republic of Poland.
Article 35. [ Superforestry] 1. The forest management of forest management is carried out by the forest management system on the basis of the forest management plan and is responsible for the forest condition. In particular, the superforestry:
1) represents the State Treasury in civil-law relations, within the scope of its action;
2) directs the Forestry as the primary organisational unit of the State Forests;
2a) directly manages the forests, land and other real estate of the State Treasury, remaining in the management of the State Forests;
2b) (repealed)
2c) initiates, coordinates and supervises the activities of the staff of the Forestry;
3. establish the organisation of the superforestry, including the forest-based distribution of forest management, the proper performance of the economic tasks, and the hiring and dismissation of the staff of the forestry;
4) organizes the protection of property and the fight against forest damage.
2. The forest owner grants the owner of a forest not owned by the State Treasury, at his request, through:
1) advice on afforestation and forest management;
2) (repealed)
3) the making available of seedlings of forest trees and shrubs and specialist forestry equipment.
3. In particularly justified cases, at the request of the owner of a forest not owned by the State Treasury, backed by the opinion of the mayor (mayor, president of the city), the superforestry may make available free seedlings of forest trees and shrubs on redeeming the introduction of forest vegetation (forest crops)-according to the simplified plan of the forest device or the decision referred to in art. 19 (1) 3.
4. The Nadforestry can, on the basis of the contract with the owner of the forest, organize the performance of economic tasks in the forest, including the sale of wood.
5. The sucient, at the request of the owner of the land intended for afforestation, shall draw up a plan of afforestation and confirm the execution of the afforestation in accordance with the plan of afforestation in the case of afforestation covered by the regulations on supporting rural development with appropriations originating in the Guarantee Section of the European Agricultural Guidance and Guarantee Fund or in support for rural development with the contribution of the European Agricultural Fund for Rural Development under the Programme Rural development for 2007-13, or for development support rural areas with the contribution of the European Agricultural Fund for Rural Development under the Rural Development Programme for the period 2014-2020.
Article 35a. [ Powers of State Forests] 1. The employees of the State Forests are entitled to carry the uniform of the forester.
2. The permission to wear a forester's uniform shall also be entitled:
1) employees Ministries of Environmental Protection, Natural Resources and Forestry [ 2] engaged in the supervision of forest management;
2) employees of the old-age workers directly involved in the supervision of the forest economy in forests not owned by the State Treasury;
3) directors, teachers and students of medium-sized forest vocational schools;
4. forest workers of higher education establishments and staff of research institutes for forestry-related research.
3. The persons referred to in paragraph. 1 and 2 shall bear the costs of the umunduing, subject to Article 46 (1) 1 point 1.
4. The Minister responsible for the environment will determine, by regulation, the patterns of forest uniforms and signs for persons entitled to wear them.
Article 36. [ The Management Board of State Forests] 1. The Management Board of State Forests (Forestry) shall be transferred to the property of the State Treasury for afforestation in the local spatial development plans or in the decision on the conditions for the construction and development of the land.
2. The decision in the case referred to in paragraph 2. 1 spends an old age.
Chapter 6a
Management of the State Treasury in the management of the State Forests
Article 37. [ Head of State Forests organisational unit] 1. Head of the organizational unit of the State Forests, except for the manager of the organizational unit referred to in art. 32 par. 2 point 4, with the consent of the Director General, may acquire the property of natural persons, legal persons or organizational units without legal personality, the law of which grants the legal capacity, forests, land intended for afforestation or other land or real estate, if justified by the needs of the forestry economy and is without prejudice to the interest of the State Treasury.
2. The forest or land intended for afforestation may be acquired in particular in the case of:
1) its direct adhesion to the land remaining in the Management Board of the State Forests;
2) the elimination of the co-ownership of the forest, the land intended for afforestation or other land or property;
3) control of the course of the Polish-forestry boundary.
3. The acquisition of the forest, the land for afforestation or other land or property may occur after obtaining the written consent of the Director General, expressed at the written request of the manager of the organizational unit of the State Forests.
4. The application shall contain:
1) the justification for the acquisition;
2) the designation of the forest, the land intended for afforestation or other land or property according to data from the land and buildings records;
3) the designation of the perpetual book kept for the forest, the land intended for afforestation or any other land or property;
4) the current description of the legal state of the forest, the land intended for afforestation or other land or property, and in particular the charges and border disputes;
5) information on the components and the receivables;
6) information about the purpose of land or property in the local spatial development plan or information about the absence of such a plan.
5. The forest, land intended for afforestation or any other land or property may be acquired at a price not higher than the value specified by the property valuer.
Article 37a. [ Sales of land by a natural person, a legal person or an organizational unit without legal personality] 1. In the case of sale by a natural person, a legal person or an organizational unit without legal personality, whose law grants the legal capacity, which does not constitute the property of the State Treasury:
1) marked as a forest in the records of land and buildings or
2) intended for the afforestation specified in the local spatial development plan or in the decision on the conditions for the construction and development of the site, or
3) referred to in art. 3, covered by the simplified plan of the forest equipment or the decision referred to in art. 19 (1) 3
-The State Treasury, represented by the State Forests, is entitled under the law to the right of the first ring of the land.
2. If the acquisition of the land referred to in paragraph 1, followed by:
1) the conclusion of a contract other than the contract of sale or
2) a unilateral legal act
-State forests representing the Treasury may make a declaration of the acquisition of this land for the payment of the monetary equivalent.
3. If the monetary equivalent referred to in paragraph 2, it is not apparent from the content of the legal task, the State Forests represented by the superforestry determine it on the basis of the value of the property determined in accordance with the regulations on the real estate economy. If the entity that carries out the disposal of the land in the cases referred to in paragraph 2, does not agree to the monetary equivalent established by the State Forests represented by the overforest based on the value of the property determined in accordance with the real estate economy regulations, may, within 14 days from the date of service the statements referred to in Article 37d, apply to the court to determine it. The court shall determine the monetary equivalent on the basis of the value of the property determined in accordance with the provisions on the real estate economy.
4. The provisions of the paragraph. 1 and 2 shall not apply:
1. if the purchasers are:
(a) spouses of the vendor,
(b) relatives or obligations of the transferor in a straight line without a restriction of the degree,
(c) relatives or obligations of the transferor on the sidelines to the third degree,
(d) a person linked to the vendor for adoption, care or guardianer,
(e) the local government unit;
2) in the case of inheritance;
3. in the case of disposal of the agricultural holding referred to in the Act of 11 April 2003. about shaping the agricultural system (Dz. U. 2012 r. items 803 and 2016 items 585).
5. Where the right of the first ground of the land referred to in paragraph 1 is to be used for the first time, 1, by virtue of the law, is entitled to several entities, priority in the exercise of the right of pre-emption shall be given to the State Forests.
6. The provision of the paragraph. 5 shall not apply in the case referred to in Article 3. 10 para. 5i of the Act of 16 April 2004. o Nature conservation (Dz. U. of 2015 items 1651, 1688 and 1936 and of 2016. items 422).
Article 37b. [ Overforest notification of the content of the sale agreement] 1. About the content of the contract of sale or the contract referred to in art. 37a par. 2 point 1, the notary shall immediately notify the superforestry competent due to the site of the ground.
2. In the case referred to in art. 37a par. 2 point 2, the non-delay notification shall be made by the vendor.
Article 37c. [ Term of exercise of the right of pre-emption] Right of pre-emption and the right referred to in art. 37a par. 2, may be carried out within one month from the date of receipt by the superforest of the notification of the content of the contract or of the notification of the content of the unilateral legal action.
Art 37d. [ Submission of a declaration of will] 1. The State Forests shall exercise the right of pre-emption and the right referred to in art. 37a par. 2 point 1, by filing a declaration in the form of a notarial deed with a notary referred to in art. 37b, subject to paragraph. 3. In the event that the submission of a declaration to the notary is impossible or is encountering serious difficulties, it may be deposited with another notary.
2. The notary shall serve the declaration of the seller or the party carrying out the transfer of property referred to in art. 37a par. 2 point 1.
3. In the case referred to in art. 37a par. 2 point 2, the declaration shall be made by any notary. The superforestry service shall be served by a declaration by the vendor.
Art 37e. [ Application for consent to land acquisition] 1. If the superforestry referred to in art. 37b, determines the appropriateness of the acquisition of the land referred to in art. 37a par. 1, directs to the Director General, through the competent director of the Regional Directorate of State Forests, a written request for consent to the acquisition of this land.
2. Before the application of the superforestry application, it may order the value of the land to be determined by the asset valuer.
3. The request shall be guided within 10 days from the date of receipt of the notification referred to in Article. 37b.
4. The application shall contain:
1) justification of the acquisition of land;
2) a description of the legal status of the land
3) designation of land in the land and building records;
4) the designation of the perpetual book, if carried out;
5) information on the purpose of land use in the local spatial development plan;
6) information on the components and the receivables;
7) a dossier containing the determination of the value of the land by the asset valuer-in the case referred to in the paragraph. 2.
Article 37f. [ Consent to the acquisition of land in favour of the State Treasury or refusal to express such consent] The Director General shall express within seven days of the date of receipt of the application referred to in Article 37e par. 1, written consent for the acquisition of the land in favour of the State Treasury or refuses to express such consent. The consent shall be the basis for making the relevant statement referred to in art. 37d.
Art 37g. [ Determination of price of land] 1. If the superforestry considers that the price specified in the contract of sale or in accordance with the contract referred to in art. 37a par. 2 point 1, or a unilateral legal act referred to in art. 37a par. Article 2 (2), grossly deviates from the market value of the land and in particular exceeds its value as determined by the asset valuer referred to in Article 2 (2). 37e par. 2, may within 14 days from the date of submission of the declaration referred to in art. 37d, apply to the court to determine the price of this land.
2. The Tribunal shall determine the price on the basis of the value of the property determined in accordance with the provisions on the real estate economy.
Art 37h. [ Validity of legal action] Legal action not made in accordance with art. 37a or art. 37b, in particular without the notification of the superforestry competent due to the place of the ground, shall be invalid.
Art 37i. [ Advertising in the Public Information Bulletin of the performance by the State Forests of the right of pre-emption] The Director General announces in the Public Information Bulletin information about the implementation by the State Forests of the right of pre-emption or of the powers referred to in art. 37a par. 2, together with the details of the land purchased (voivodship, district, municipality, name and number of the standard register, as well as the number of the register parcel), the prices or equivalent of the monetary value for which the acquisition occurred, and the markings the perpetual book, if it is conducted.
Art 37j. [ Management acquired for the Treasury of the Land] The land referred to in art. 37a par. 1, acquired in favour of the State Treasury in the exercise of the right of pre-emption or the power referred to in art. 37a par. 2, They shall manage State Forests.
Art 37k. [ Application of the provisions of the Civil Code concerning the right of pre-emption] 1. In matters not regulated in art. 37a-37h concerning the exercise of the right of pre-emption apply the provisions of the Civil Code concerning the right of pre-emption.
2. In matters not regulated in art. 37-37h concerning the exercise of the power referred to in Article 37a par. 2, the provisions of the Civil Code concerning the right of pre-emption shall apply accordingly.
Article 38. [ Sales of forests, land and other property of the State Treasury] 1. The sale of forests, land and other properties of the State Treasury located on the Management Board of State Forests, subject to art. 40a, may be followed in cases:
1) disposing of shares of forests owned by the State Treasury in co-ownership;
2) the regulation of the Polish-forestry border;
3) statements by the superforestry unsuitability of land, buildings and structures for the needs of the forest economy;
4. the change of destination for untreated and non-agricultural purposes;
(5) which are subject to important economic or social considerations, in so far as this does not affect the interest of the State Treasury.
2. The sale referred to in paragraph 1 points 1 to 4 shall be subject to the approval of the Director General, subject to paragraph 1. 3, and the sale referred to in paragraph. Article 1 (5) may take place on a proposal from the Director-General with the consent of the Minister responsible for the environment.
3. The forest overland can independently sell forest and unleaved land with a surface up to 1 ha, if they constitute an enclave among land of another form of ownership.
4. The sale of forests, land and other properties located in the Management Board of the State Forests shall take place by public tender. In the event that the contract is carried out twice, the subject of the sale may be made by way of negotiation.
5. In the case of sales located within the administrative boundaries of the city of forests, land and other properties referred to in paragraph. 4, the municipality serves the right of the first ring.
6. The Minister responsible for the environment will determine, by means of the regulation, the detailed conditions and the procedure for conducting the public tender and the manner and conditions for conducting the price negotiations in the case of the sale of forests, land and other real estate located on the management of the State Forests, taking into account the transparency and efficiency of the procedures used.
Article 38a. [ Establishment of a permanent board of directors under the law] 1. Real estate intended for national roads, owned by the State Treasury, managed by the State Forests, shall become free of charge, by virtue of the law, subject to a permanent management board established in favour of the General Directorate for National Roads and Motorways on the date on which the decision to establish the location of the national road became final.
2. The establishment of a permanent board shall state the starost by means of a decision.
3. The decision referred to in paragraph. 2, forms the basis of the entry in the perpetual book.
4. The provisions of the paragraph. 1-3 shall apply mutatis mutandis to the property covered by the decision on:
1) the permit for the implementation of the investment in the field of public use airport within the meaning of the provisions of the Act of 12 February 2009. specific rules for the preparation and implementation of investments in public service aerodromes (Dz. U. Nr 42, pos. 340, z Late. ism.) issued to the entity referred to in art. 28 para. 1 of this Act, with the fact that the establishment of a permanent management board shall state the water by decision;
2) the permission to carry out the investment within the meaning of the provisions of the Act of 8 July 2010. special arrangements for the preparation for the implementation of the investments in the field of flood structures (Dz. U. of 2015 items 966 and 1777) issued to the entity referred to in art. Article 2 (2) of that Law, with the fact that the establishment of a permanent management board shall state the water by decision.
Article 38b. [ Transferring the forests of the Agricultural Property Agency of the State Treasury] State Forests may, by means of an agreement concluded between the Director General and the President Agricultural Property Agency of the State Treasury , transfer free of charge Agricultural Property Agency of the State Treasury forests and land on which it is not possible to conduct a rational economy, in particular enclaves and semi-enclaves among the land entering the Agricultural Property of the State Treasury.
Article 38c. [ Change of destination of forest land] 1. In the event of a change in the destination of forest or agricultural land located on the management of State Forests for untreated or non-agricultural purposes, carried out under the provisions of the provisions on the protection of agricultural and forestry land, in relation to the needs of another entity an organisational without legal personality, the transfer of such land shall be made free of charge by means of an agreement to transfer the management board between the head of the business unit and:
1) the superforestry-in the case of land coming from the area of one superforestry;
2) Director of the Regional Directorate of State Forests-in the case of land coming from the area of more than one superforestry.
2. To be taken over by the Management Board of Forests of the State Forests, land and other real estate owned by the State Treasury, being on the Board of Directors of other organisational units without legal personality, or the transfer by the State Forests in the Management Board of other organisational units without legal personality managing the Treasury with the State Treasury of such real estate, without changing their purpose, the paragraph. 1 shall apply mutatis mutandis.
Article 38d. [ Transmission of forests for perpetual use] 1. At the request of the starost, carrying out a task from the scope of government administration, the land referred to in art. 38c ust. 1, and unsuitable for the needs of forest management buildings and structures, together with the land necessary to use them, may be provided by the State Forests in the use of perpetual legal person or the use of another organizational unit unincorporated legal personality.
2. (repealed)
Art. 38e. [ Intent for Forests] 1. Forests, land and other properties of the State Treasury remaining on the Management Board of the State Forests may be converted into forests, land and other properties in cases justified by the needs and objectives of the forestry economy, after their valuation by persons that has the power to estimate the property.
2. Replacement performed by:
1) surewood-requires the consent of the director of the Regional Directorate of State Forests;
2) the Director of the Regional Directorate of State Forests-requires the consent of the Director General.
Article 39. [ Lease of forests] Forests referred to in art. 3 point 1 lit. a and point 2, remaining on the Management Board of the State Forests, may be with the consent of the Director of the Regional Directorate of State Forests leased by the superforestry, with the preservation of the objectives and tasks of the forest management set out in the forest device plan. Other properties referred to in art. 4 par. 3, remaining in the Management Board of the State Forests may be leased and rented by the superforestry with the consent of the Director of the Regional Directorate of State Forests.
Article 39a. [ Real estate burdens] 1. The superforestry can, with the consent of the Regional Director of the directorate of State Forests, charge, for remuneration, the real estate remaining in the Management Board of the State Forests, by road service or by the service of transmission, taking into account the principles of forest management. This remuneration is the own revenue of the State Forests.
2. The remuneration for the establishment of a service of transmission to an energy undertaking engaged in the transfer or distribution of electricity shall be determined in the amount corresponding to the value of taxes and fees borne by the Forests State from the part of the property, the use of which is limited in connection with the load of this service.
3. The entrepreneur, for whom the transmission service is established, shall be obliged to remove trees, shrubs or branches threatening the functioning of the devices referred to in art. 49 § 1 of the Civil Code.
Article 39b. [ Determination of conditions for access to real estate] [ 3] 1. The superforestry shall specify the conditions for the provision of access referred to in art. 30 par. 1 and 3 of the Act of 7 May 2010. to support the development of telecommunications services and networks (Dz. U. of 2015 items 880, 1045, 1777 and 2281 and of 2016 items 903), and the placing on property of objects and equipment referred to in art. 33 (1) 1 of this Act, taking into account the principles of forest management, and then passes the information in this respect to the director of the regional directorate of the State Forests.
2. The Director of the Regional Directorate of State Forests shall include on his website the current conditions of access, referred to in art. 30 par. 1 and 3 of the Act of 7 May 2010. promoting the development of telecommunications services and networks, and the placing on property of facilities and facilities referred to in art. 33 (1) 1 of this Act, within 7 days from the date of transmission of the information in this respect by the Forestry.
3. The Director of the Regional Directorate of State Forests shall inform the President of the Office of Electronic Communications on the address of his website, within 7 days from the date of posting on it the conditions of access provided by art. 30 par. 1 and 3 of the Act of 7 May 2010. promoting the development of telecommunications services and networks, and the placing on property of facilities and facilities referred to in art. 33 (1) 1 of this Act. The information shall be provided by the information point referred to in Article 4. 29a par. 1 of this Act.
4. Where the conditions for access are laid down in the decision referred to in Article 35a par. 3 of the Act of 7 May 2010. on the promotion of the development of telecommunications services and networks, the superforestry obligation shall be required to conclude the access agreements referred to in Article 4. 30 par. 1 and 3 of this Act, and agreements on the placement of premises and facilities referred to in art. 33 (1) 1 of this Act, under conditions not worse than those specified in the decision.
Article 40. [ Transfer in use] 1. The Director General, at the request of the concerned minister or the executive body of the local government unit, may delegate to the use indicated by the applicant the organizational unit or the Agency of Military Property of the forests, land and other properties, without altering their existing destiny, if they are in favour of:
1) defence or security of the State or the protection of the state border;
2) science or didactics;
3) conservation of nature;
4. the protection of water bodies;
5) countering the dangers of flooding;
6. protecting the sea coast;
7. medicinal products;
8) care of the monuments;
9) the rest of the population;
(10) the agricultural economy.
2. The transfer shall be carried out by the Director General, by means of a contract, which shall specify the terms and conditions of use and the control unit for the forest management.
3. In case of cessation of needs, for which forests, land and other properties specified in the mouth. 1 have been put into use, and in the event that they are not used in accordance with the purposes for which they have been put into use, or that forestry management is not in compliance with the forest plan, the Director General, on a proposal from the Director regional directorate of State Forests, deprives the unit of the right of use.
4. In cases justified by the needs of defence of the State of the forests, upon request of the Minister of National Defence, with the consent of the Minister responsible for the environment, may be by the Director General excluded from the Management Board of the State Forests and transferred to the Management Board the organisational unit subordinate to the Minister of National Defence.
Article 40a. [ Sales of real estate by the State Forests] 1. The State Forests may sell properties built in residential buildings and independent dwellings, hereinafter referred to as "premises", as well as land with residential buildings under construction, which is not useful to the State Forests.
2. The determination of the price of the property upon the sale referred to in paragraph. 1, shall be subject to the rules laid down in the real estate rules.
3. The total of the premises shall be sold to the premises with the necessary receivables, necessary for the use of the premises. Land under buildings and land with related buildings is considered to be land excluded from agricultural and forestry production within the meaning of the provisions on the protection of agricultural and forestry land. These land shall be disclosed in the local spatial development plan and in the land and building records as land built.
4. Workers and former employees of State Forests having at least three years of employment in the State Forests, with the exception of persons with whom the employment relationship has been terminated without notice of the employee's fault, have the priority of acquisition the premises of which they are tenants and in which they live. The sale price of the premises is subject to a total reduction of 6% for each year of employment in the organisational units of the State Forests and by 3% for each year of the lease of the premises, but not more than by 95%, and the repayment of the receivables may be spread over 60 instalments. monthly, the interest rate may not exceed at the ratio of the annual reference rate, determining the minimum rate of basic open market operations conducted by the National Bank of Poland, increased by 2 percentage points. If the person entitled is a pensioner, the purchase price of the premises shall be fixed at 5% of the value of the unit.
5. Paragraph Recipe 4 shall also apply to those close to the staff of those who have lived together with them on the day of their death. The people who are close to understanding are spouses and preachers and descendants, as well as those who have been used to them. In the event of a waider of the entitlements to be reduced by a common household, the periods of employment of those persons may be summed up, with the total reduction not exceeding 95% of the sales price of the premises. This entitlement shall be granted only for the acquisition of one premises.
5a. The authority referred to in paragraph 5. (5) persons who are close to the premises whose rental right has been obtained in exchange for the premises so far occupied on the date of death of the staff member or former employee of the State Forests shall also be entitled to persons who are also close to the premises of the person concerned. This entitlement shall only be granted to one person close to and only at the acquisition of one premises.
5b. The State Forests demand reimbursement of an amount equal to the one granted to the bonification after its valorisation if the purchaser of the premises referred to in the paragraph is concerned. 4, 5 and 5a, before the end of the 5 years from the date of its acquisition, this place was spent or used for other purposes than dwellings. This does not apply to the divestment to a close person.
5c. The valorization referred to in paragraph 1. 5b, shall be carried out in accordance with the rules laid down in the real estate rules.
6. The provisions of the paragraph. 4-5b shall apply mutatis mutandis to persons who are or have been employed in forest schools, established medical clinics and counselling counselling and other forestry organisational units.
7. Tenants not having the powers referred to in paragraph. 4, 5 and 6 may acquire intended for sale of premises which take up at least three years, on the basis of a lease contract concluded for an indefinite period, for a price reduced for each year of the lease by 3%, but not more than by 45%. The requirement to occupy premises for a period of at least three years shall not apply to tenants who are non-governmental organisations which have acquired the status of a public benefit organisation and are active in accordance with the Act of 24 April 2003. about the activity of the public benefit and about the volunteer (Dz. U. of 2014 items 1118, as of late. zm.).
8. The premises of the premises and of the land with residential buildings in the construction intended for sale are drawn up by the directors of the regional directorates of the State Forests. The lists shall be the subject of a trade union opinion. The sale may be made after the approval of the list by the Director General and the publication of the list in the Public Forest Information Bulletin and in the press. The advertisement in the press is not subject to the list of the premises of the settled persons. The persons referred to in paragraph 1 shall be notified to the tenants referred to in paragraph 1, to the sale of the premises and of the time limit for the taking of the purchase priority. 4-5a, 6 and 7.
9. Employees and former employees of the State Forests, other than the tenants of the premises intended for sale, remaining in the Management Board of the State Forests, have priority for the acquisition of the premises of free (vacuums) or land with residential buildings under construction under the conditions set out in the paragraph. 4.
10. If the persons mentioned in the mouth. 4-7 will not benefit from the right to acquire the premises in which they live, within six months from the date of the announcement of the offer to sell the premises in the manner set out in the paragraph. 8, the premises may be transferred free of charge to the municipality, including the land and the receivables necessary for the use of the premises, under the rules laid down in the regulations on the transfer of residential buildings by state-owned enterprises.
11. If the offer to buy a vacant lot (vacancy) or land with a residential building in the construction will report more than one person, the sale shall be made by means of a restricted tender, in which only the persons entitled under the paragraph may participate. (9) When payment is made, the price fixed in the tender restricted procedure. 4 shall apply mutatis mutandis.
12. The Minister responsible for the environment will determine, by way of regulation, detailed rules and mode of sale of premises and land with residential buildings under construction and the criteria for the qualification of them as unhelpful State Forests, as well as the mode of a restricted tender.
Article 41. [ Loans] 1. Director General, Director of the Regional Directorate of State Forests and Superforestry may, on behalf of the State Treasury, take bank loans or loans from the National Fund for Environmental Protection and Water Management and from the voivodship funds environmental protection and water management.
2. The sum taken by the Director General, the directors of the regional directorates of the State Forests and superforestry loans for a given year shall not exceed 30% of the value of the sale of the State Forests of the previous year.
Article 42. [ Creating and joining companies] 1. The Director General may, on behalf of the State Treasury, create one-person companies of the State Treasury or join companies with limited liability or public limited liability companies.
2. Laces owned by the State Treasury located on the Management Board of the State Forests shall not be the subject of a non-monetary contribution to the companies referred to in paragraph. 1.
3. The General Director shall exercise the powers arising from the property rights of the State Treasury in respect of the shares held by the State Forests and shares in the companies.
Article 43. [ Seal, emblem and name] The Directorate General of State Forests, regional directorates of State Forests and Forestry use a circular seal with an image of eagle, established for the emblem of the Republic of Poland, and the name "FORESTS OF STATE" and the name of the organizational unit in the open.
Article 44. [ Grant of the Statutes] The Minister for Environment, by way of order, gives the statutes to the State Forests, specifying in particular the principles and modalities of action and internal bodies, with a view to creating optimal organisational conditions for the proper functioning of the environment. the implementation of tasks by the State Forests.
Chapter 7
Forest Service
Article 45. [ Forest Service] 1. In the State Forests, the Forest Service is created. The Forest Service includes workers involved in the following:
(1) matters of the management of forests in the management of the State Forests;
2. the management of forest management and forest protection;
3) fight crime and misconduct in the field of forest damage and protection of nature and carry out other tasks in the field of property protection;
4) the matters of supervision referred to in art. 5, in the event of such supervision.
2. A Leśna Service employee may be a person who:
1) is a Polish citizen;
2) completed 21 years;
3. it shall have full civil and civil rights;
4) has the appropriate professional qualifications;
5. enjoys an impectable opinion;
6) she is employed on a full-time basis;
7) has an adequate state of health;
8) she was not punished by the judiciary for a crime from a desire for profit or with other low motives.
Article 46. [ Public officers] 1. The employees of the Leśna Service in the performance of official duties shall enjoy the legal protection provided for in the criminal law provisions for public officers, and shall also have the right to:
1) receiving unpaid uniforms and signs of service, with the obligation to wear them in the time of duty;
2) free housing, if the position and nature of the work are related to the necessity of residence at the place of its execution;
3) paid leave for health care in a dimension not exceeding a one-time period of six months if they have worked in the State Forests on a full-time basis for a period of not less than three years;
4) (repealed)
5) a one-time briet, at retirement or invalidity pension [ 4] , in the amount of three times, and over 20 years of work in the State Forests-six times the salary received for the last month of employment.
2. (repealed)
3. In the absence of dwellings falling within the Board of State Forests for the purposes referred to in paragraph. 1 point 2, the employee shall be entitled to a cash equivalent.
4. The Minister responsible for the environment shall determine, by means of a regulation, a position in the Forest Service, on which workers are entitled to an apartment free of charge, or a cash equivalent referred to in paragraph 1. 3, and the manner and mode of granting and release of those dwellings, the setting and payment of the monetary equivalent, with a view to the proper performance of the tasks assigned to the Forestry Service staff.
Article 46a. [ Reimbursement of costs for use of the vehicle] Forestry workers, including forest guards using their own vehicles, for business purposes, in local driving, may be granted the right to reimbursement of costs associated with the use of these vehicles-up to a monthly flat rate cash or up to an amount not exceeding the rates for 1 kilometre of a vehicle run, specified in separate provisions issued by the competent minister, if the mileage of the vehicle, excluding lump lump sum, is documented in the records the course of the vehicle conducted by the employee
Article 47. [ Forest Guards] 1. In the State Forests, the Forest Guard is formed. The tasks referred to in Article 45 par. 1 point 3, shall be carried out by forest guards belonging to the Leśna Service.
1a. The Leśna Guard is headed by the Chief Inspector of the Forest Guard, subordinate to the General Director.
1b. The Forest Guard units in the State Forests provide:
1) outposts in the superforestry subordinated forest;
2) intervention groups in regional directorates of the State Forests subordinated to the director of the regional directorate of the State Forests.
1c. The Director General shall specify:
1. the organisation and scope of the operations of the outposts and intervention groups referred to in paragraph 1. 1b;
2) detailed rules for the training of forest rangers.
2. Guardians of the leisers in carrying out the tasks defined in the mouth. 1 shall have the right to:
1) the legitimacy of persons suspected of committing a criminal offence or misconduct, as well as witnesses of a crime or misconduct, in order to establish their identity;
2) the imposition and collection of fines, by means of a criminal mandate, in matters and within the scope of specific separate provisions;
3) to stop and check the means of transport in the forest areas and in their immediate vicinity, in order to check the cargo and to view the contents of the luggage, in case of a reasonable suspicion of committing the act prohibited under the threat of punishment;
4) searches of premises and other places, in cases of reasonable suspicion of committing a criminal offence, on the principles set out in the Code of Criminal Procedure;
(5) the offence of the perpetrator of the offence or of the offence or of the pursuit taken immediately after the commission of the offence and of his or her bringing to the Police;
6) receive for the receipt of items from crime or misconduct, and the tools and means of committing them;
7) to conduct investigations and to bring and support acts of accusation, if the object of the offence is a tree or wood originating from the forests constituting the property of the State Treasury, in the mode and on the principles set out in the Code of Criminal Procedure;
8) conduct proceedings in cases of misconduct and participation in the trial before College of Offences [ 5] as a public prosecutor and the lodging of appeals to the District Courts from the resolutions college in the fight against forest damage offences;
9) the wearing of long and short firearms, handcuffs worn on the hands, service batons, manual throwers of the deceptive substances and objects intended for the obeprocation of persons by means of electricity;
10) require the necessary assistance from state institutions, request for such assistance to economic units, social organizations, as well as in emergencies to any citizen for emergency assistance, on the basis of the rules laid down in the Act o Police.
2a. The items received, the tools and the measures referred to in paragraph 2. In order to protect against loss of, or damage to, point 6, the store shall be kept under seal.
2b. The forestry guards are entitled to carry out checks on the economic operators involved in the marketing and processing of wood and other forest products, in order to check the legality of the origin of wood raw materials and other forest products.
3. In the cases referred to in art. 11 paragraphs 1-3, 8 and 10-14 of the Act of 24 May 2013. with direct coercive measures and firearms (Dz. U. Entry 628, of late. zm.), the forest ranger can use the means of direct coercion referred to in art. 12 (1) 1 point 1, point 2 (a), point 7, 9, point 12 (b) a and point 13 of that law, or use these funds.
3a (repealed)
3b. To carry out the activities referred to in paragraph 3. 3, you are entitled to a complaint to the public prosecutor.
4. In the cases referred to in art. 45 pt. 1 lit. a and point 2 and in art. 47 points 1, 3, 5 and 6 of the Act of 24 May 2013. with direct coercive measures and firearms, the forest ranger can use or use firearms.
5. The use and use of means of direct coercion and firearms and the documentation of this use and use shall be carried out on the principles laid down in the Act of 24 May 2013. with direct coercive measures and firearms.
6. (repealed)
7. To exercise by the guardian of the forest activities referred to in the paragraph. 2 points 1 and 3, the provisions of the Police Act shall apply accordingly.
8. The forest watchman carrying out official duties on land owned by the State Treasury under the State Forests shall be entitled to the powers defined by the separate provisions relating to:
1) the State Hunting Guard-in the fight against poaching;
2) The Conservation Of Nature Conservation [ 6] -to comply with the provisions on nature protection;
(3) The State Fisheries Guard, as regards the control of the legality of fishing activities.
Article 48. [ Superforestry powers] Powers of the forest ranger for the control of forest damage referred to in art. 47 para. 2 points 1 to 8 and 10 and in paragraph 1. 8, the superforestry deputy, the superforestry deputy, and the superforestry, forestry and subforest engineering.
Art. 48a. [ Cooperation in the field of criminal information] Director General of State Forests, Directors of Regional Directorate of State Forests, Superforestry and Chief Inspector of Forestry, cooperate with the Head of the National Criminal Information Centre, to the extent necessary to carry out its tasks statutory.
Article 49. [ Delegation] 1. The Minister responsible for environmental matters shall determine, by means of a regulation:
(1) the positions and eligibility requirements, the detailed rules for the remuneration and the service stages of the Forest Service and the specific mode of transmission, reduction and deposition of the service, taking into account the appropriate proportions between the qualification requirements, positions and the corresponding remuneration components which will allow proper employment in the State Forests.
2) (repealed)
2. (repealed)
3. The Minister responsible for the environment in agreement with the Minister responsible for internal affairs will determine, by way of regulation, detailed rules:
1) co-operation of the State Forests with the Police-having regard to the statutory tasks of these entities and the need to ensure correct and effective cooperation;
2. the allocation, registration and storage of the regional directorates of the State Forests and the Forestry of Weapons and Ammunition, direct coercion measures in the form of handcuffs, handcuffs, handlevers, hand-throwers, substances overloading and subject-matter of persons by means of electricity-having regard to the need to prevent access to arms, ammunition and coercive measures directly to third parties, the need to protect the records before damage, destruction or loss.
Chapter 8
Financial economy in the State Forests
Article 50. [ Principle of financial autonomy] 1. The State Forests operate on the basis of financial autonomy and cover the costs of the activities from their own revenues.
2. The Director General of the State Forests shall determine for all the organisational units of the State Forests the accounting policy (policy).
(3) The State Forests shall keep accounts under the rules laid down in the Act of 29 September 1994. of accounting (Dz. U. of 2013 r. items 330, of late. zm.).
Article 51. [ Financial year] The accounting year in the State Forests shall be the calendar year.
Article 52. [ Annual report on the state of forests] 1. The State Forests draw up annually a report on the state of the forests and a financial and economic report on the activities of the State Forests.
2. The Council of Ministers shall submit to the Sejm an information on the state of the forests and on the implementation of a national programme of increasing lesism
Article 53. [ Maintenance Costs] 1. The maintenance costs of the Directorate General of State Forests and the regional directorates of the State Forests are financed by the payments on the costs of the activities of the forest.
2. The Minister responsible for the environment shall determine, by decision, the amount of the charges referred to in paragraph 1. 1.
Article 54. [ Subsidies for customs purposes] State Forests receive subsidies from the state budget for tasks commissioned by the government administration, and in particular on:
1) the reclamation of forests and land for afforestation and their reclamation, as well as the buyout of other land in order to preserve their natural character;
2) the implementation of the national programme for increasing the lesistality referred to in Article 4 (2). 14 para. 2a, and the cultivating and protection of the crops and juvenirs arising from the implementation of this programme;
3. the management and protection of forests in the event of a threat to their sustainability referred to in art. 12 (1) 1;
4) the drawing up of periodic, large-area inventory of forests, updating the state of forest resources and running a databank on forest resources and the state of forests referred to in art. 13a par. 1 points 2 and 3;
5) develop protection plans for nature reserves located on the management of the State Forests, their implementation, the conservation of plant and animal species and the exercise of supervision over the areas of the Natura 2000 network;
6) financing of forest education of society, in particular by creating and carrying out forest promotion complexes, setting up natural and forestry pathways;
7) to draw up the plans of afforestation referred to in art. 35 par. 5;
8) the performance of tasks related to the implementation of programmes co-financed from foreign sources.
Article 55. [ Disposal of budget appropriations] The Director General, the directors of regional directorates of the State Forests and Foresters are available to the budgetary resources of the targeted grants for the commissioned tasks referred to in art. 54, according to the provisions on public finances.
Article 56. [ Forest Fund] 1. In the State Forests, a forest fund is formed as a form of management of the funds for the purposes indicated in the Act.
2. The management of the forest fund shall have the Director General.
Article 57. [ Measures of the forest fund] 1. The measures of the forest fund shall constitute:
1) a basic copy, calculated from the value of the wood sales, burdened by the cost of the forestry activities;
2) receivables, penalties and charges related to the exclusion from the production of forest land;
3. claims arising from compensation:
(a) civil-law for damage resulting from the effects of industrial gases and dusts, and other titles,
b) in the title of premature logging of trees on the basis of the provisions of the Act on the protection of agricultural land and forestry,
(c) for damages resulting from fires, mining and geological work;
4) income arising from the participation or obtained from the sale of shares and shares in the companies referred to in art. 42;
5) budget grants, excluding the special-purpose subsidies referred to in Article 54;
6. other revenue received for the benefit of this fund.
2. The measures referred to in paragraph 1. Point 2 and point 3 (b), which relate to the exclusion from the production of forests which are not owned by the State Treasury and the forests in the use of national parks, shall be collected in a separate bank account of the Directorate-General.
3. The resources of the forest fund not used in a given calendar year shall constitute the income of that fund in the following calendar year.
4. The Minister responsible for the environment shall, on a proposal from the Director General, decide, by decision, annually to the State Forests the amount of the write-off referred to in paragraph 1. 1 point 1. The Director-General may determine the size of the write-off for individual regional directorates, and the Director of the Regional Directorate for State Forests-for particular over-forest areas.
Article 58. [ Purpose of the forest fund] 1. The resources of the forest fund shall be allocated to forest resources to compensate for the shortages arising in the implementation of the tasks:
1) forest management;
2) concerning public administration in the field of forestry.
2. The measures of the forest fund may also be intended for:
1) the joint ventures of the organisational units of the State Forests, in particular in the area of forest management;
2. scientific research;
3) creating the infrastructure necessary for the management of forest management;
4) drawing up plans of the forest equipment;
5) works related to the evaluation and forecasting of the state of forests and forest resources;
(5a) conservation of nature in forests under way of forest management;
5b) the acquisition by the State Treasury of the land referred to in art. 37a, and of forests or land intended for afforestation, referred to in art. 37;
6) other tasks in the field of forest management in forests.
3. The measures of the forest fund referred to in art. 57 (1) 2, shall be devoted to:
1) afforestation of land not constituting the property of the State Treasury;
2) the realization of the revelations on the land which is not owned by the State Treasury;
3) other works related to the removal of the effects of the disaster and the conduct of the economy in non-state forests;
4) the objectives set out in the paragraph. 2 points 2, 3, 5a and 6 in the forests located in the use of the perpetuated national parks;
5. the objectives set out in the Article. 13a par. 1.
3a. Measures of the forest fund referred to in art. 57 (1) 2, may be intended for:
1. the actions necessary to protect the nature of the forest management by:
(a) the purchase by national parks in favour of the State Treasury of immovable property situated within the limits of the park,
(b) creating infrastructure;
2) drawing up simplified plans of the forest equipment for forests not owned by the State Treasury, referred to in art. 21 (1) 1 point 2.
4. The Director-General may, from the allocated part of the forest fund resources, set up a stabilisation fund to be used to remove the exceptional risks to forests within the framework of the long-term forestry production cycle.
5. Forestry shall be consulted by the competent authorities of the local government in respect of the annual plan of afforestation of land which is not owned by the State Treasury.
Article 58a. [ The amount of payment made by the Directorate General of State Forests] 1. The General Directorate of State Forests makes a contribution to the account of the Minister responsible for the environment in the amount equivalent to 2% of the revenues obtained by the State Forests from the sale of wood, hereinafter referred to as "the payment".
2. The payment shall be made for each calendar quarter by the deadline of the thirtieth day of the month following the quarter.
3. The payment constitutes the revenue of the state budget. The Minister responsible for the environment shall have jurisdiction in matters relating to payment.
Article 59. [ Delegation] The Council of Ministers will determine, by way of regulation, detailed rules of the financial economy in the State Forests.
Chapter 9
(repealed)
Article 60. (repealed)
Article 61. (repealed)
Article 62. (repealed)
Article 63. (repealed)
Article 64. (repealed)
Article 65. (repealed)
Art. 65a. (repealed)
Article 66. (repealed)
Chapter 9a
Administrative fines
Art. 66a. [ Liability for violation of the prohibition set out in Article 4 par. (Article 1 of Regulation No 2173/2005) Who, contrary to the prohibition laid down in art. 4 par. 1 of Regulation No 2173/2005, imports into the territory of the Republic of Poland of timber products exported from partner countries, where their delivery is not covered by a FLEGT licence, is subject to an administrative penalty payment in the amount of twice the customs value of those products.
Article 66b. [ Liability for violation of the prohibition set out in Article 4 par. 1 of Regulation (EC) No 995/2010 Who, contrary to the prohibition laid down in art. 4 par. 1 of Regulation No 995/2010, placing on the market illegally harvested wood or timber products, is subject to an administrative penalty payment of between 20 000 PLN and 200 000 PLN.
Article 66c. [ Liability for violation of the prohibition set out in Article 4 par. 2 of Regulation (EC) No 995/2010 Who, contrary to the provision of art. 4 par. 2 of Regulation No 995/2010, when placing on the market wood or products of wood, does not apply:
1) measures and procedures to ensure access to the information referred to in Article 6 para. 1 litas a Regulation (EC) No 995/2010, or
2) the risk assessment procedures referred to in Article 6 para. 1 litas b of Regulation No 995/2010, or
3. the risk mitigation procedures referred to in Article 3. 6 para. 1 litas c of Regulation No 995/2010
-is subject to an administrative penalty payment of between PLN 500 and PLN 200 000.
Art. 66d. [ Liability for violation of the prohibition set out in Article 4 par. 3 of Regulation (EC) No 995/2010 Who, contrary to the provision of art. 4 par. 3 of Regulation No 995/2010, does not maintain or assess regularly used by itself:
1) measures and procedures to ensure access to the information referred to in Article 6 para. 1 litas a Regulation (EC) No 995/2010, or
2) the risk assessment procedures referred to in Article 6 para. 1 litas b of Regulation No 995/2010, or
3. the risk mitigation procedures referred to in Article 3. 6 para. 1 litas c of Regulation No 995/2010
-is subject to an administrative penalty payment of between PLN 500 and 20 000 PLN.
Art. 66e. [ Liability for violation of the prohibition set out in Article 5 of Regulation (EC) No 995/2010 1. Who, contrary to the provisions of art. Article 5 of Regulation No 995/2010 does not, for at least 5 years, keep information available to identify the operators or traders who have supplied him with wood or timber products and the commercial entities to whom he has supplied the wood or products of wood, subject to administrative penalty payment in the amount from PLN 500 to 2000 PLN.
2. The same penalty is subject to who, contrary to the provisions of art. On request, the information referred to in paragraph 5 of Regulation No 995/2010 does not communicate to the competent authorities of the Environment Inspection Authority the information referred to in paragraph 5. 1.
Art. 66f. [ Administrative pecuniate penalty] 1. Administrative cash penalty, referred to in:
1. 66a-the alliance, by decision, by the competent authority of the customs office;
2. Article 66b-66e-the covenant, by decision, the competent voivodship of the environmental protection officer.
2. In determining the amount of administrative fines referred to in art. 66b-66e, account shall be taken of the nature and extent of the infringement, including its impact on the environment, the value of wood or timber products, the previous activity of the entity which committed the infringement, within the scope of the provisions of Regulation No 995/2010 and the effects of the infringement violations.
3. If the circumstances of the case and evidence indicate that the infringement occurred as a result of events or circumstances to which the entity committing the infringement was not able to prevent, the competent authority shall depart from the administration of the financial penalty and the umpire proceedings.
4. The administrative penalty may not be imposed if 3 years have elapsed from the date on which the infringement was committed.
Article 66g. [ Deadline for payment of monetary penalty] 1. The administrative financial penalty shall be paid within 14 days from the date on which the decision on the administration of the administrative penalty has become final, respectively, into a separate bank account:
1) the competent provincial environmental protection officer;
2) indicated in the decision of the Chief Executive of the Customs Office of the administration of the administrative penalty payment.
2. The inflows of administrative fines constitute the revenue of the state budget.
Art. 66h. [ Relevant application of the provisions] In cases concerning administrative fines, the provisions of Section III of the Act of 29 August 1997 apply accordingly. -Tax Ordinance (Dz. U. of 2015 items 613, of late. zm.), except that the powers of the tax authority are entitled to the administration of administrative fines.
Chapter 10
Amendments to the provisions in force and transitional and final provisions
Article 67. (bypassed)
Article 68. (bypassed)
Article 69. (bypassed)
Article 70. (bypassed)
Article 71. (bypassed)
Article 72. (bypassed)
Article 73. (bypassed)
Article 74. [ The Management Board of State Forests] 1. State Forests owned by the State Treasury, not included in the Management of State Forests:
1) remaining under the management of other ministers and not transferred from the state forest farm in art mode. 14 para. 1 of the Act of 20 December 1949. about the state forestry farm (Dz. U. Nr 63, pos. 494, of late. zm.),
2) excluded from the state forest farm in art mode. 14 para. 1 of the Act referred to in point 1, and transferred to the Management Board of other Ministers,
within one year of the entry into force of the Act pass, subject to the paragraph. 2, in the Management Board of the State Forests.
2. The laces referred to in paragraph. 1, may be used by the existing organizational units operating the Management Board, on the basis of an agreement concluded in accordance with the rules laid down in Art. 40 par. 1.
3. Forests and land intended for afforestation, located in the resources of the State Fund of the Earth, pass through the Management Board of State Forests.
Article 75. [ District Management Board of State Forests] 1. District management boards of state forests, established on the basis of art. 6 para. 2 lithium and the Act of 20 December 1949. state-owned forest management, becoming the regional directorates of the State Forests, and the Forestry-Superforestry, within the meaning of the Act.
2. The mass of district management boards of the state forests becomes appropriately managed by the regional directorates of the State Forests and Forestry.
3. Production and service facilities of district management boards of the State Forests become other organisational units of the State Forests mentioned in art. 32 paragraph 4 .
Article 76. [ Rights and obligations] Rights and obligations, which belong on the basis of existing regulations to the economic organization of the enterprise of state forests under the name of the State Forests, become, respectively, the rights and obligations of the bodies of the Forests of Forests State referred to in art. 32 par. 2.
Article 77. [ Protective forests] Forests, classified as protective forests on the basis of the provisions on the protection of agricultural land and forestry, become protective forests within the meaning of the Act.
Article 78. [ Application of existing provisions] The current provisions shall apply to cases initiated and not completed by a final decision before the date of entry into force of the law.
Article 79. (bypassed)
Article 80. (repealed)
Article 81. [ Repealed provisions] They are hereby repealed:
1) the decree of 5 July 1946. o Forest Guard (Dz. U. No 41, pos. 238 and 1949 Nr 18, pos. 110);
2) the Act of 20 December 1949. about the state forestry farm (Dz. U. Nr 63, pos. 494, of late. zm.);
3) the Act of 22 November 1973. o the management of forests which are not owned by the State (Dz. U. Nr 48, pos. 283, of late. zm.).
Article 82. [ Entry into force] The Act shall enter into force on 1 January 1992.
[ 1] Currently, the Agricultural Property Agency, according to art. 18 of the Act of 11 April 2003. about shaping the agricultural system (Dz. U. No 64, pos. 592), which entered into force on 16 July 2003.
[ 2] Currently, the office serving the minister responsible for environmental matters, according to art. 90 of the Act of 4 September 1997. about the departments of government administration (Dz. U. of 2015 items 812; ost. zm.: Dz.U. z 2015 r. items 1960), which entered into force on 1 April 1999.
[ 3] Art 39b added by art. 5 of the Act of 9 June 2016. amending the Act on the promotion of the development of services and telecommunications networks and certain other laws (Journal of Laws item. 903). The amendment came into force on 1 July 2016.
[ 4] Currently, the pension is incapacity for work, according to art. 10 of the Act of 28 June 1996. to change some of the laws on pension provision and social insurance (Dz. U. No 100, pos. 461), which entered into force on 1 September 1997.
[ 5] Since 17 October 2001 in cases of misconduct in the first instance, shall be decided by the district court, in accordance with Article 4 (1). 9 of the Act of 24 August 2001. -Code of Conduct on Offences (Dz. U. of 2013 r. items 395; ost. zm.: Dz.U. z 2015 r. items 1855).
[ 6] The provisions governing the organisation of the Conservation of Nature Conservation Act expired on 2 February 2001. in connection with the entry into force of the Act of 7 December 2000. to amend the Act on the Protection of Nature (Dz. U. of 2001. No 3, pos. 21).
