Key Benefits:
ACT
of 16 April 2004
o Nature conservation 1)
Chapter 1
General provisions
Article 1. [ Regulatory scope] The law lays down the objectives, principles and forms of the protection of the living and inanimate nature and the landscape.
Article 2. [ Conservation of nature-definition] 1. The protection of nature, within the meaning of the Act, consists in the preservation, sustainable use and renewal of resources, creations and natural components:
1) wildlife of plants, animals and fungi;
2) plants, animals and mushrooms covered by species protection;
3. animals engaged in a migratory way of life;
4) natural habitats;
5) habitats of endangered extinctions, rare and protected species of plants, animals and fungi;
6) the creations of the wildlife and inanimate and fossil remains of plants and animals;
7) landscape;
8) greenery in towns and villages;
9) the carriages.
2. The aim of nature conservation is:
1) maintaining ecological processes and the stability of ecosystems;
2) conservation of biodiversity;
3) conservation of geological and paleontological heritage;
4) ensuring the continuity of the existence of plant species, animals and fungi, together with their habitats, by their maintenance or restoration to the proper state of protection;
5) protection of landscape valors, greenery in towns and villages, and revelations;
6) maintaining or restoring to a proper state of conservation of natural habitats, as well as other resources, creations and nature components;
7) shaping the right attitude of man to nature through education, information and promotion in the field of nature conservation.
Article 3. [ Implementation of nature conservation objectives] The objectives of nature conservation are carried out by:
1) to take into account the requirements of nature protection in the strategies, programmes and programming documents referred to in art. 14 para. 1 of the Act of 27 April 2001. -Environmental law (Dz. U. of 2013 r. items 1232, as of late. zm.), environmental programs adopted by the authorities of local government units, spatial development concepts of the country, development strategies of voivodships, plans of land development of voivodships, development strategies communes, the study of determinants and directions of spatial development of municipalities, local spatial development plans and plans for spatial development of marine internal waters, the territorial sea and the exclusive economic zone, and in economic and investment activities;
2) embracing resources, creations and nature conservation forms of nature conservation;
3) the development and implementation of the findings of protection plans for areas subject to legal protection, conservation programmes of species, habitats and migrations of protected species;
4. the implementation of the programme for the conservation and sustainable use of biodiversity together with the action plan;
5) conducting educational, information and promotional activities in the field of nature conservation;
6) conducting scientific research on the problems related to the conservation of nature.
Article 4. [ Obligations of public administration bodies] 1. The duty of public administration bodies, legal persons and other organisational units and natural persons is the care of the natural heritage and wealth of the national wealth.
2. Authorities of public administration are obliged to provide legal, organizational and financial conditions for nature protection.
3. The obligation of public administration bodies, scientific and educational institutions, as well as public mass media is to conduct educational, information and promotional activities in the field of nature conservation.
Article 4a. [ European Communities] Whenever this Act refers to the Community, it shall be understood by the European Communities.
Article 5. [ Definitions] The terms used in the Act shall mean:
1) species-both species in biological importance and any lower of the biological species of the systematic unit, population, and hybrids of this species in the first or second generation, except for forms, breeds and domesticated varieties, breeding or cultivated;
(1a) A species of Community interest, a species of plant or animal which is in the territory of the Member States of the European Union:
(a) at risk, with the exception of those species whose natural range in that territory is a marginal range and which is not at risk or prone to a threat in the western palearctic region, or
(b) vulnerable, that is to say, likely to be classified in the category of endangered species in the near future, if the factors causing the threat continue to affect him, or
(c) a rare, or small population, which is not at present at risk or vulnerable, but is at risk of being endangered by the presence of limited geographical areas or large dispersion in a larger area, or
(d) endemic and requiring special attention due to the specific nature of its habitat or the potential impact of its operation on these habitats or the potential impact of its exploitation on the conservation status of its habitats;
(1b) priority species-the endangered species in respect of which the Community has a special responsibility for the size of its natural range located in the territory of the Member States of the European Union;
1c) a foreign species-a species which occurs outside its natural range in the form of individuals or capable of survival: gamet, spores, seeds, eggs or parts of individuals, which may reproduce;
1d) the integrity of the Natura 2000 site-the consistency of structural and functional factors for the sustainable ageing of the species populations and natural habitats for which the Natura 2000 site has been designed or designated;
2) ecological corridor-an area allowing for the migration of plants, animals or mushrooms;
(2a) the crossing of animals-the association of genetically disparate animals, including individuals of different species;
(2b) Natura 2000 area-special protection zone, special habitat protection zone or area of Community importance, set up to protect the population of wild birds or natural habitats or species the interest of the Community;
2c) an area of Community importance-a dedicated habitat conservation area, approved by the European Commission by a decision which contributes significantly to the biogeographical region to which it belongs, or to restore the proper conservation status of a natural habitat or species of interest to the Community, and may contribute significantly to the coherence of the Natura 2000 network and to the conservation of biodiversity within the area concerned. biogeographical region; in the case of species of animals present at Whereas large areas of an area of Community importance are the area within the natural range of such species, characterised by physical or biological factors relevant to their life or propagation;
2d) maritime area-the Polish maritime area within the meaning of the Act of 21 March 1991. about the maritime areas of the Republic of Poland and maritime administration (Dz. U. of 2013 r. items 934 and 1014 and of 2015 items 1651);
2e) landscape-landscape within the meaning of art. 2 item 16e of the Act of 27 March 2003. planning and planning of spatial planning (Dz. U. of 2015 items 199, with late-night zm.);
2f) cultural landscape-a cultural landscape within the meaning of art. 3 point 14 of the Act of 23 July 2003. about the protection of monuments and the care of the monuments (Dz. U. of 2014 items 1446, of late. zm.);
(3) special protection zone of birds-the area designated, in accordance with European Union law, to protect the population of wild birds of one or more species, within which the perimeters of the birds have favourable conditions to be present throughout the whole life, in any of its period or stage of development;
4) partial protection-the protection of plant species, animals and fungi allowing for the possibility of a reduction in population size and of the collection of individuals of these species or parts thereof;
(5) active protection-the application, where necessary, of protective procedures to restore the natural state of the ecosystems and nature components or to preserve the natural habitats and habitats of plants, animals or fungi;
6. ex-situ protection-protection of plant species, animals and fungi outside the place of their natural occurrence and protection of rocks, fossils and minerals in their places of storage;
7) protection in situ-protection of plant species, animals and fungi, as well as elements of non-lively nature, in places of their natural occurrence;
8) landscape protection-conservation of the characteristics of the landscape concerned;
9) protection of the strict and permanent cessation of direct human interference in the state of ecosystems, creations and natural components and in the course of natural processes in protected areas, and in the case of species-year-over-year protection their own development stages and their development stages;
10) botanical garden-a decorated and landscaped area together with technical infrastructure and facilities functionally associated with it, being a place of ex situ conservation, cultivation of plants of various climatic zones and habitats, cultivation of crops of a particular species and conducting scientific research and education;
11) a zoo-decorated and landscaped area together with technical infrastructure and facilities functionally associated with it, where they are kept and exposed to the public for at least 7 days a year, live animals of wild species common, except for:
a) circuses,
(b) animal stores,
(c) places in which no more than 15 species of such animals and a total of 50 specimens of reptiles, birds and mammals are exposed to the public;
11a) specimen of the species-plant, animal or fungus of the species concerned, live or dead, any part thereof, form of development, egg or dune, as well as a derived product also contained in other goods and goods which, in accordance with the attached document, packaging, marking or label, or if it results from any other circumstance, shall contain or contain parts or products derived from plants, animals or fungi of the species concerned;
12) ostoja-a place with conditions conducive to the existence of plants, animals or mushrooms threatened with extinctions or rare species;
13) the rehabilitation centre of animals-the place where the treatment and rehabilitation of animals are carried out, requiring periodic care of man in order to restore them to the natural habitat;
13a) observation axis-an imaginable simple eye to the characteristic elements of the site or land;
14) otulina-a conservation zone bordering the form of nature conservation and designated individually for the form of nature conservation in order to protect against external risks arising from human activities;
15) acquisition:
(a) a collection of plants or fungi of protected species or parts thereof from natural sites for economic purposes,
(b) capture, fishing or harvesting of animals of protected species or parts thereof and derived products for economic purposes;
(c) (repealed)
15a) plant, animal or fungus wild-plant, animal or fungus:
(a) non-originating from cultivation or breeding,
(b) introduced into the natural environment for the purpose of rebuilding or energising the population;
15b) the pre-field of exposure-extensive horizontal planes, in particular water reservoirs, slopes or flat bottoms of valleys, enabling the exposure of panorama;
15c) a lookout point-a place or topographical point carried out in the field, from which the visual layout of the visual area for the observer is wide and distant;
16) biodiversity-the diversity of living organisms in ecosystems, within species and between species, and the diversity of ecosystems;
16a) river-any natural shade within the meaning of art. 9 ust. 1 item 1c of the Act of 18 July 2001. -Water law (Dz. U. of 2015 items 469, 1590 and 1651);
17) natural habitat-land or water area, natural, semi-natural or anthropogenic, extracted on the basis of geographical, abiotic and biotic characteristics;
(17a) a natural habitat of interest to the Community-a natural habitat which, in the territory of the Member States of the European Union:
(a) is threatened by a barrier in its natural range or
(b) has a small natural range as a result of regression, or because of a limited area of occurrence resulting from its internal, natural properties, or
(c) a representative example of the typical characteristics of the biogeographical region in the Member States of the European Union;
(17b) priority natural habitat-a natural habitat threatened with a loss on the territory of the Member States of the European Union, for which the Community has a special responsibility because of its natural size the range of the territory of those countries;
18) plant habitat, animal habitat or mushroom habitat-the area of the occurrence of plants, animals or fungi throughout their life or any stage of their development;
(19) a special area for habitat conservation-a demarcated area, in accordance with European Union law, to permanently protect natural habitats or populations at risk of extinking plant or animal species, or to restore the right the conservation status of the natural habitats or the appropriate conservation status of those species;
20) a natural environment-a landscape with natural and natural habitats and natural and transformed natural habitats with plants, animals and fungi performing on them;
21) green areas-areas decorated together with technical infrastructure and buildings functionally associated with them, covered with vegetation, performing public functions, and in particular parks, greenery, promenades, boulevards, botanical gardens, zoos, Jordanian and historic, cemeteries, greenery accompanying the roads on the grounds of the buildings, squares, historic fortifications, buildings, landfills, airports, railway stations and industrial facilities;
22) making available-enabling the use of a national park, nature reserve or some of their areas and facilities for scientific, educational, tourist, recreation, sports, filming, shooting, and for commercial purposes;
23) landscape values-natural, cultural, historical, aesthetic and scenic values of the area, as well as the associated land sculpture, nature and nature components as well as civilizational elements, shaped by the forces of nature or human activity;
23a) Priority landscape-a priority landscape within the meaning of art. 2 item 16f of the Act of 27 March 2003. planning and planning for spatial planning;
(24) the relevant conservation status of the species-the sum of the effects on the species which may in the foreseeable future affect the distribution and abundance of its population within the country or Member States of the European Union or the natural range of that species; species where data on the dynamics of the population of this species indicate that the species is a permanent component of the habitat suitable for it, the natural range of the species is not diminished or reduced in the foreseeable the future and a suitably large habitat for the maintenance of the population of this species there is and is likely to still exist;
(25) the appropriate conservation status of the natural habitat-the sum of the impacts on the natural habitat and its typical species, which may in the foreseeable future affect the natural distribution, structure, functions or survival of its typical habitats. species within the country or Member States of the European Union or the natural range of this habitat, where the natural habitat range and the areas occupied by that habitat within its reach do not change or increase the structure and functions that are necessary for the long-term maintenance of the habitat, they exist and are likely to continue to exist and the habitat typical of that habitat is in the proper state of protection;
26) admission to a national park or a nature reserve-entrance or entry into the area protected by strict or active protection for scientific, educational, tourist or recreational purposes;
26a) a tree-a perennial plant with a striking one root prop (pence) or of the gutted several main shoots and branches forming the crown during any period during the development of the plant;
26b) a shrub-a perennial plant branching into a number of peerless prowess shoots, a non-wormwood trunk or a crown, which is not a pinewood;
26c) tipping-tree or shrub overturned as a result of the action of natural factors, accident or catastrophe in the land, water or air traffic, or construction disaster;
26d) scrap-a tree whose trunk has been broken, or a bush which has been broken by natural factors, accident or catastrophe in land, water or air traffic, or in a construction disaster;
26e) the vitality of the tree or shrub-the correct course of the life processes of the tree or shrub;
27) a resignation-single trees, shrubs or their non-forest aggregates within the meaning of the Act of 28 September 1991. in the forest (Dz. U. of 2014 items 1153, z późn. zm.) or the plantation, together with the terrain on which they occur, and the other components of the plant garment of the site;
27a) plantation-cultivation of trees or shrubs with a compact surface of at least 0,1 ha, established for production;
28) internal threat-a factor that could cause adverse changes in the physical, chemical or biological characteristics of the resources, creations and components of the protected nature, landscape values and the course of natural processes resulting from causes natural or human activities within the limits of the areas or facilities subject to legal protection;
29) external threat-a factor that could cause adverse changes in the physical, chemical or biological characteristics of the resources, creations and components of the protected nature, landscape qualities and the course of natural processes resulting from the causes of natural or human activities, having its source outside the boundaries of the areas or facilities subject to legal protection.
Chapter 2
Forms of nature protection
Article 6. [ Forms of nature protection] 1. Nature conservation forms are:
1) National Parks;
2) nature reserves;
3) Landscape Parks;
4) protected landscape areas;
5. Natura 2000 sites;
6) natural monuments;
7) documentary posts;
8) ecological grassland;
9) natural and landscaping teams;
10) species protection of plants, animals and mushrooms.
2. By agreement with neighbouring countries, border areas may be designated as natural valuable areas for the purpose of their common protection.
Article 7. [ Create or enlarge area of national park or nature reserve] 1. The creation or expansion of the area of the national park or nature reserve is a public objective within the meaning of the Act of 21 August 1997. with Real Estate Management (Dz. U. of 2015 items 782, of late. zm.).
2. The creation or expansion of the area of the national park or nature reserve covering the areas which constitute immovable property not owned by the State Treasury, shall be subject to the consent of the owner, and in the absence of its consent-in the expropriation mode set out in the Act of 21 August 1997. the real estate economy.
Article 8. [ National Park] 1. The national park shall comprise an area distinguished by special natural, scientific, social, cultural and educational values, with an area of not less than 1000 ha, on which the whole nature and landscape valorations are protected.
2. The national park is created in order to preserve biodiversity, resources, creations and components of inanimate nature and landscape values, restore the proper condition of resources and natural components and restore the malformed habitats natural habitats, habitats for plants, habitats of animals or mushroom habitats.
3. (repealed)
4. (repealed)
Art. 8a. [ List of National Parks] 1. The national park is a state legal person within the meaning of art. 9 point 14 of the Act of 27 August 2009. on public finances (Dz. U. of 2013 r. items 885, as late. zm.).
2. The list of national parks is an annex to the Act.
Article 8b. [ National Parks Tasks] 1. The tasks of national parks shall be in particular:
1) carrying out protective measures in the ecosystems of the national park, aiming at the achievement of the objectives referred to in art. 8 ust. 2;
2) making available the area of the national park on the principles set out in the protection plan referred to in art. 18, or the protective tasks referred to in art. 22, and in the Management Board of the Director of the National Park;
3) carrying out activities related to nature education.
2. National parks may carry out economic activities on the basis of the provisions laid down in the provisions of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. of 2015 items 584, as late. zm.), with restrictions resulting from the Act.
Article 8c. [ Requirements for candidates for the position of Director of National Park] 1. The organ of the national park is the director of the national park.
2. The director of the national park shall be appointed by the Minister responsible for the environment, from among the persons selected by the open and competitive recruitment, and shall be cancelled by him. In the event of cancellation of the Director of the National Park the Minister responsible for the environment on the day of appeal may entrust the performance of his duties to the Deputy Director of the National Park until the appointment of the Director of the National Park, however for the period More than 6 months.
3. The appointment referred to in the paragraph. 2, constitutes the establishment of a relationship of work on the basis of a call within the meaning of the provisions of the Act of 26 June 1974. -Labour Code (Dz. U. of 2014 items 1502, with late. zm.).
4. The position of the Director of the National Park may occupant a person who:
1) is a Polish citizen;
2) enjoy full public rights;
3) she was not convicted of a final judgment of the court for a deliberate offense or a deliberate treasury offence;
4) holds the professional title of master or equivalent;
5) has an education and knowledge of the matters belonging to the property of the director of the national park;
6) has managerial competence;
7) has at least 6-year-old work placer, including at least 3-year-old seniority in the managerial position.
5. In order to conduct the recruitment, the Minister responsible for the environment shall appoint a competition committee as a part of:
1) two employees of the office serving the minister responsible for the environment;
2) a representative of the State Nature Conservation Council;
3) a representative of the scientific council of the relevant national park;
4) a representative of the Marshal of the Voivodeship competent due to the seat of the national park.
6. The acquisition shall be of the nature of the contest, during which the knowledge and predispositions necessary for the performance of the tasks of the director of the national park and the managerial competence shall be verified.
7. The Minister of Environmental Affairs announces the position of the Director of the National Park and of the results of this recruitment.
8. The Minister responsible for the environment shall determine, by means of a regulation, the manner of publication, organisation and mode of recruitment and the task and organisation of the competition committee, taking into account the need for efficient recruitment, and comprehensive assessment of the knowledge, predisposition and managerial competence of the candidates.
Art. 8d. [ Directing the activities of the park and representation on the outside] The director of the national park directs the activities of the national park and represents the national park outside.
Art. 8e. [ Actions performed by the Director of the National Park] 1. The director of the national park shall implement the findings of the protection plan referred to in art. 18, or the protective tasks referred to in Article 18. 22, and issue regulations concerning the functioning of the national park, including defining the ways of making the areas of the national park available.
2. The Director of the National Park shall have the right to conduct proceedings in matters of nature protection violations and to participate in proceedings before common courts as a public prosecutor and to bring appeals against the provisions and rulings of those courts in matters of nature protection violations.
3. To carry out the activities referred to in paragraph. 2, the director of the national park can empower the Officer of the Park's Fire Department.
4. The director of the national park shall be the respective tasks and competences specified in art. 5 par. 2-4, art. 9 ust. 1 (1) and (3) and (3) 2, art. 14a par. 1 and 2, art. 26 par. 3 and 4 and Art. 35 par. 2 and 3 of the Act of 28 September 1991. Forest.
5. The Director of the National Park to the extent necessary to carry out the tasks specified in the Act cooperates with the Head of the National Criminal Information Centre.
Art. 8f. [ Grant of the Statutes] The Minister for Environment, by way of regulation, gives the national park the statutes defining the internal organisation of the national park, the mode of operation of its authority and the way of granting of powers of attorney, guided by the need to ensure that the the smooth operation of the national park and the proper implementation of its tasks.
Article 8g. [ Annual Finance Plan of the National Park] 1. The national park conducts a self-contained financial economy, covering with the funds held and the revenue earned expenses for financing the tasks defined in the Act, including the tasks of the National Park Service, and the costs of the activities.
2. The basis of the financial economy of the national park is the annual financial plan.
3. In the annual financial plan of the national park, the following shall be extracted:
1) income from operations;
2) grants from the state budget or budgets of local government units;
3) costs, including:
(a) the remuneration and the premiums written therefrom,
(b) interest payments arising from the commitments entered into,
(c) purchase of goods and services;
(4) resources for property expenditure;
(5) measures granted to other entities;
6. the state of receivables and liabilities at the beginning and end of the year
7) the state of cash at the beginning and end of the year.
4. The Director of the National Park shall draw up a financial plan in the Task Force for the financial year and 2 consecutive years, in the arrangement of the State functions, budgetary tasks and sub-tasks.
5. In the annual financial plan of the national park, changes in revenues and costs may be made after obtaining the consent of the Minister responsible for environmental matters. The Minister responsible for public finance shall be informed immediately of any changes made.
6. The Council of Ministers will determine, by way of regulation, a detailed way of running the financial economy of a national park, guided by the need to ensure a uniform way of earmarking public funds for the implementation of national park tasks. defined in the Act and the observance of public finance order.
Art. 8h. [ Revenues of the National Park] 1. The national park's arrival is:
1) subsidies from the state budget;
2) grants and loans from the National Fund for Environmental Protection and Water Management;
3) grants and loans from the voivodship funds of environmental protection and water management;
4) the proceeds of the fees referred to in art. 12 (1) 3;
5) the proceeds of the fees charged in connection with the educational activities of the national park and for admission to the facilities related to this activity;
6) proceeds from the rental of premises;
7) proceeds from the lease, rental or use of real estate;
8. proceeds from the sale of products obtained in the framework of the implementation of the tasks resulting from the protection plan referred to in art. 18, or the protective tasks referred to in Article 18. 22;
9) proceeds from the sale of educational, informational and scientific materials;
10) proceeds from the sale of items of movable tangible assets;
(11) receipts resulting from the pursuit of agricultural activities;
12) receipts for the provision of information on the environment and its protection;
13) receipts from fees for providing information on natural, cultural and cartographic resources;
(14) the proceeds of the allusions to the perpetrators of the convictions against the environment;
15) other revenue generated by the activities of the national park.
2. National park arrival may be:
1) voluntary contributions;
2) declines, records and donations;
(3) benefits in kind;
4) the proceeds of the actions organised for the conservation of nature;
(5) appropriations originating in the budget of the European Union;
6. funds from foreign sources, non-refundable, other than those originating in the budget of the European Union;
7) grants from the budgets of local government units intended for the implementation of tasks related to the protection of natural or cultural values of the region;
8) [ 1] the forest fund measures referred to in Article 57 (1) 2 of the Act of 28 September 1991. about forests, intended for the purposes referred to in art. 58 par. 3 and 3a of this Act.
3. The national park, with the consent of the Minister responsible for the environment issued in agreement with the Minister responsible for public finance, expressed by administrative decision, may borrow credits and loans up to 60% of the amounts included in the financial plan of revenues or 60% of the costs, for the implementation of the tasks of the national park
4. The commemoration referred to in paragraph. 1 points 1-3, 7 and 14 and paragraph. Article 2 (2) shall be devoted exclusively to the tasks referred to in Article 4 (2). 8b par. 1.
Article 9. [ Supervision of the activities of national parks] 1. The supervision of the activities of national parks shall be exercised by the Minister responsible for the environment.
2. The supervision referred to in paragraph 2. 1, includes in particular:
1) the approval of the annual in-kind tasks resulting from the protection plan referred to in art. 18, or the protective tasks referred to in Article 18. 22;
2) control of the functioning of national parks;
3) the control exercised by the national parks of economic activity;
4) control of the implementation of the tasks of national parks;
5) control of the implementation of the financial plans of national parks;
6) control the activities of the director of national park undertaken as a nature conservation authority.
3. The Minister responsible for the environment shall draw up annual summary reports on the activities of national parks prepared on the basis of the reports of the activities of individual national parks, submitted by the directors of national parks.
Article 10. [ Create a national park, change of borders, liquidation] 1. The term and change of the national park's borders shall be followed by a regulation of the Council of Ministers, which determines its area, the course of the border, otulin and the property of the State Treasury which is not used for perpetual use of a perpetual national park. The Council of Ministers, by issuing the regulation, is guided by the real state of the natural values of the area.
1a. The liquidation or reduction of the area of the national park shall take place only if the natural and cultural value of the area is lost in the event of a return.
1b. The right of perpetual usualor in relation to the property of the State Treasury, which has been excluded from the national park's borders as a result of its liquidation or change of its borders, expires on the date of entry into force of the Act on the liquidation of the national park, or the Regulation on the revision of its borders. The Minister responsible for environmental matters shall transfer the real estate protocol to the real estate asset of the State Treasury.
2. The definition and modification of the national park's borders may take place after agreement with the competent authorities of the resolution of local government units in which the area of action is planned to be amended, and after an opinion, within 30 days of the days from the date of submission of those amendments, by the non-governmental organisations concerned. Failure to submit an opinion within the prescribed period shall be considered as a failure to comment.
3. On the day of the entry into force of the Act on the creation of a national park or a regulation on the change of its borders, the national park shall acquire by law the right of use of the perpetual property of the State Treasury situated within its borders and serving the implementation of its objectives and the property of buildings, other facilities and premises situated on these real estate.
3a. Acquisition of the rights referred to in paragraph 1. 3, may not violate the rights of third parties.
3b. Acquisition of the rights referred to in paragraph 3. 3, confirms the wojewoda by means of an administrative decision issued within 12 months from the date of entry into force of the Act on the creation of a national park or a regulation on the change of its borders. Appeals against the decision of the referring court shall be considered by the Minister responsible for the environment.
3c. The decision referred to in paragraph 1. 3b, it is the basis for the entry into the perpetrations of the perpetual accounts and in the land and buildings records.
3d. The Director of the National Park is obliged to submit applications for entry in the perpetual usudates of the perpetual usudates for the benefit of the national park within 6 months from the date of service of the final decision referred to in the paragraph. 3b.
3e. Acquisition of the right of use of the perpetual property referred to in paragraph 1. 3, is free of taxes and fees associated with this activity, and the resulting entries into the perpetual books and their establishment are free of charge.
3f. Acquisition of the right of use of the perpetual property referred to in paragraph 1. 3, the first charge shall be made without the first charge and the acquisition of property of buildings, other facilities and premises shall be free of charge.
4. Administration of marine areas located within the boundaries of the national park is carried out on the basis of Chapter III of the Act of 21 March 1991. about the maritime areas of the Republic of Poland and maritime administration.
5. The national park is entitled to the right of the property of a property situated within the limits of the national park for the benefit of the State Treasury.
5a. The right of pre-emption can be made within one month from the date of receipt by the Director of the National Park of a notice of the contents of the sales contract.
5b. The notary of the drawing up of the sales contract shall be obliged to notify the director of the national park about the contents of the contract.
5c. The director of the national park shall exercise the right of pre-emption by filing a declaration in the form of a notarial deed with the notary referred to in paragraph. 5b. 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.
5d. The statement referred to in paragraph 1. 5c, the notary is served by the seller.
5e. The right of pre-emption shall be carried out at the price established between the parties in the contract of sale.
5f. If the price of the sold property grossly deviates from its market value, the director of the national park exercising the right of pre-emption may, within 14 days from the date of submission of the declaration referred to in the paragraph. 5c, apply to the court to determine the price of this property.
5g. The court shall determine the price of the immovable property referred to in paragraph. 5f, using the modalities of its determination as defined by the real estate regulations.
5h. A legal action that has been made in accordance with the provisions of the Act or without a notice entitled to the right of the pre-emption shall be invalid.
5i. Where the right of pre-property of a property situated in the area of a national park under separate rules is given simultaneously to several entities, priority in the exercise of the right of pre-emption shall be given to the national park.
5j. In the case of the National Park's right of pre-emption right, the property of the State Treasury shall be given to the national park at the request of the Director of the National Park.
5k. Located within the limits of the national park of the property Treasury, an unnecessary business unit with a permanent management, in case of expiry of a permanent management board for the business unit, upon request of the Director of the National Park is given in the use of perpetual national parks.
5l. The dedicate to the use of the perpetual properties referred to in paragraph. 5j and 5k, is free of taxes and fees associated with this activity, and the resulting entries into the perpetual books and their establishment are free of charge.
5m. National parks do not charge an annual fee for perpetual usucaption.
6. Projects of the study of determinants and directions of spatial development of the communes, local spatial development plans, spatial development plans of the voivodships and plans for spatial development of marine internal waters, the territorial sea and the exclusive economic zone in the part concerning the national park and its otulins need to be agreed with the director of the national park with regard to the findings of those plans, which may have a negative impact on the nature conservation of the national park.
7. Forest equipment plans, simplified plans for forest equipment and forest management tasks referred to in art. 19 (1) 3 and 4 of the Act of 28 September 1991. In the area of the otulina of the national park, it is necessary to agree with the Director of the National Park regarding the findings of these plans or tasks, which may have a negative impact on the nature conservation of the national park.
8. Draft simplified plans for forest equipment or forest management tasks referred to in art. 19 (1) 3 and 4 of the Act of 28 September 1991. about forests, within the limits of national park require the arrangement with the director of the national park in terms of the arrangements of those plans or tasks, which may have a negative impact on the nature conservation of the national park.
Article 10a. [ Consent to legal action within the scope of the Property Regulation] 1. The national park is required to obtain the consent of the Minister responsible for the environment, expressed by way of administrative decision, to make the legal action in the scope of the regulation of property, including the devotion of the property to the use of other to entities on the basis of civil law contracts, excluding the lease, rental or lending contract concluded for a period of not more than 5 years. Where, after a contract of lease, rental or lending in time marked by the parties, they contain another contract for which the same property is the subject, and the total duration of contracts concluded with the same entity exceeds 5 years, it shall be required the consent of the Minister responsible for the environment.
2. With the request for consent, referred to in paragraph. 1, there is a director of the national park, specifying:
1) the subject matter of the regulation, detailing the records identifying the property;
2) the manner of the Regulation;
3) the economic justification of the legal act;
4) the impact of legal action on the nature of the national park;
5) in the case of divestment of real estate, including the right of perpetual usuup-the value of the property specified by the property valuer.
3. When issuing the decision referred to in paragraph. In particular, the impact of the regulation on the nature of the national park and its compatibility with the objectives referred to in Article 1 shall be taken into account in particular. 8 ust. 2.
4. The Minister responsible for the environment may order the preparation of an additional valuation of the property or apply to the professional organization of property experts to assess the correctness of the valuation referred to in paragraph. Article 2 (5), in accordance with the provisions of Article 2 157 of the Act of 21 August 1997. the real estate economy.
5. A legal action in breach of the obligation laid down in the paragraph. 1 is invalid.
6. With an action for annulment of a legal act carried out in breach of the obligation laid down in the paragraph. 1, in addition to persons having a legal interest, a minister competent for the environment may occur.
7. The regulations of the national park of permanent assets within the meaning of the accounting regulations do not apply the provisions of art. 5a-5c of the Act of 8 August 1996. on the rules of exercise of the powers conferred on the State Treasury (Dz. U. 2012 r. items 1224, as of late. zm.).
8. The conclusion of the National Park of the Real Estate Disposition Agreement shall be made by tendering procedure, subject to Article 10b.
Article 10b. [ Conditions of the Real Estate Contract Agreement] The real estate agreement shall be concluded by a non-bargaining agreement if:
1) the party is the state budget unit;
2. the divestment of the property shall be effected by conversion or donations;
3) the object of the divestment shall be the share of the property and the divestment shall take place in favour of other property co-owners;
4) the use contract shall be concluded;
5) the contract of the lease of the dwelling with the employee of the national park shall be concluded;
(6) a contract of service of the necessary or post-service transmission is concluded.
Article 10c. [ Invitation to tender] The tender announces, organises and conducts the director of the national park.
Article 10d. [ Forms of tender procedure] 1. The market shall be carried out in the form of:
(1) an unrestricted oral tender;
(2) a written invitation to tender.
2. The oral market is intended to obtain the highest price. The written invitation to tender shall be to select the most advantageous tender.
3. The director of the national park shall decide on the form of the tender applied.
Art. 10e. [ Announcement of invitation to tender] 1. The notice of the invitation to tender shall be made public without delay and in the case of immovable property referred to in art. 104a para. 1, not earlier than after the expiry of the period referred to in art. 104a para. (12) The notice of invitation to tender shall be published at the national park's premises and shall be published on the website of the national park and, in addition, the notice of invitation to tender shall be made public in a manner which is customary in the case in question. localities.
2. The notice of invitation to tender shall indicate the time, place and terms of the invitation to tender, and in the event of the announcement of another invitation to tender or negotiations, also the time limits for carrying out previous tenders. The notice of invitation to tender shall also include:
1) the designation of the property according to the perpetual book and the records of land and buildings;
2) the area of the property;
3) the fate of the property and the way of its development;
4) the term of the property management;
5) the price of the property in the amount not lower than the value of the property determined by the valuer of the property;
6) the amount of the fees for use, rental or lease;
7. the time limits for the payment of fees;
8) rules for the updating of fees;
9) information about the purpose of the sale, the devoy to the use, the rental or the lease;
10) the height of the defect.
3. Prior to the publication of the information on the announcement of the tender, the applications entitled to purchase, use, rent or lease the property shall be considered by a non-bargaining. In the event of a positive examination of the request, the requested property shall not be included in the notice of invitation to tender.
Art. 10f. [ Negative tender] 1. If the second tender ceases to be a negative result, the director of the national park may either be the property or enter into a contract of use, lease or lease of the property by way of negotiations or arrange for further tenders. In the case of the sale of immovable property, the price announced in subsequent tenders or fixed as a result of negotiations may not be less than 2/3 of the value of the property determined by the asset valuer.
2. The tender shall be deemed to have been terminated with negative results if no one has entered into the oral tender or none of the participants has offered to do more than the call price or if neither one offer nor any of the tenders has been received by the written invitation to tender. the participants did not offer a price higher than the call, and if the tender committee concluded that no tender met the terms of the tender.
(3) A tender shall be open to tender within seven days of the announcement of the outcome of the oral tender or the notification of the outcome of the invitation to tender in writing to the Minister responsible for the environment.
Article 10g. [ Notice of the place and date of conclusion of the contract] 1. The director of the national park shall be obliged to inform the person established as the buyer of the property about the place and time of conclusion of the contract concerning the property regulation, at the latest within 21 days from the date of the award of the tender. The time limit laid down shall not be less than 7 days from the date of notification of the notification.
2. If the person established as a buyer of the property does not accede without justification to the conclusion of the contract at the place and time specified in the notice referred to in the paragraph. 1, the director of the national park may depart from the conclusion of the contract and the paid-up of the defect is not refundable. The notice shall include information on this entitlement.
Art. 10h. [ Delegation] The Minister responsible for the environment will determine, by means of a regulation:
1) mode of conduct for the conduct of particular types of tenders,
(2) the mode of appointment, composition and operation of the tendering committee,
3) the method of determining the amount of the defect and the time limits and forms of its submission and return,
(4) the preparation of the protocol of the invitation to tender and the scope of the information contained therein,
(5) the procedure to be followed in the event of contesting the activities of the tender procedure,
6) mode of conduct in the conduct of negotiations
-having regard to the need to ensure the transparency and uniformity of these proceedings, equal access to participation in the invitation to tender and the most favourable outcome of the invitation to tender.
Article 11. [ Otulina National Park] 1. In areas bordering the national park, the otulina of the national park is determined.
2. In the hole may be created a protection zone of game animals due to the need to protect animals in the national park.
3. The protection zone of hunters shall not be subject to the integration into the borders of hunting circuits.
4. The Minister responsible for the environment shall establish, by means of a regulation, the protection zone of game animals, specifying the areas of its composition and the criteria and means of maintaining the correct size and structure of the population of the different species wild game, guided by the need:
1) the protection of wild game species in national parks;
2) the creation of a safety zone for wild game species on the feeding grounds outside the area of the national park;
3) maintaining the correct size and structure of the population of individual species of wild game in the area of the national park in order to preserve the natural balance.
5. The protection of game animals in the protection zone of game animals belongs to the tasks of the director of the national park.
Article 12. [ Making a national park area available] 1. Area of national park can be made available in a way that will not adversely affect nature in the national park.
2. In the plan of protection of the national park, and until such time as it is drawn up, the protective tasks shall determine the places to be made available and the maximum number of persons who may be present at the same time in those places.
3. For admission to the national park or to some of its areas and for making available to the national park or some of its areas may be charged.
4. The amount of the fees referred to in paragraph. 3, set up the director of the national park.
5. The fee for a one-time admission to the Park shall not exceed PLN 6 of the valorised by the forecast average annual price index of consumer goods and services, adopted in the Budget Act.
6. The fees referred to in paragraph 3, shall be paid in the form of a redemption of a one-time admission ticket or multiple admission tickets at the charging points or a bank account of the national park.
7. The payments for admission to the national park or to some of its areas shall not be collected from:
1) children up to 7 years of age;
2) persons who hold the permission of the Director of the National Park to conduct scientific research in the field of nature conservation;
3) students of schools and students taking didactic classes in the national park in the scope agreed with the director of the national park;
4) residents of communes situated within the borders of the national park and the municipalities bordering the national park;
5) persons who go to the beaches designated in the national park;
6) persons who go to religious places;
7) members of a multi-party family within the meaning of the Act of 5 December 2014. o Card of a Large Family (Dz. U. Entry 1863 and from 2015. items 1359) with a valid large family card.
8. Payment for admission to the national park or to some of its areas in the amount of 50% of the fee rate fixed by the Director of the National Park shall be collected from:
1) students of schools and students;
2) retirees and pensioners;
3) persons with disabilities;
4) soldiers of the active service.
9. (repealed)
10. The Minister for Environment, taking into account the diversity of natural and landscape values of national parks, the intensification of tourist traffic and its impact on the nature of national parks, will determine, by means of a regulation, parks national or some of their areas where fees are levied for admission.
Article 13. [ Nature reserve] 1. The nature reserve covers areas preserved in natural or unaltered state, ecosystems, natural habitats and habitats, as well as plant habitats, animal habitats and fungi habitats and creations and components of non-lively nature, distinguishing between natural, scientific, cultural or landscape values.
2. In areas bordering the nature reserve can be designated otulina.
3. Recognizing the nature reserve of the areas referred to in the paragraph. 1, shall be followed by an act of local law in the form of a regional order of the director of environmental protection, which specifies its name, location or course of the border and otulina, if it has been designated, the conservation objectives and the type, type and subtype of the reservation nature, as well as supervising the reserve. The Regional Director of the Environment, by means of an act of local law in the form of an ordinance, after consulting the Regional Nature Conservation Council, may increase the area of the nature reserve, change the protection objectives, and in the event of a return of value loss of nature, for which the reserve was set up-to reduce the area of the nature reserve or to abolition of the nature reserve.
3a. Projects of the study of determinants and directions of spatial development of the communes, local spatial development plans, spatial development plans of voivodships and plans for spatial development of marine internal waters, the territorial sea and the exclusive economic zone, in part concerning the nature reserve and its otulins, require an arrangement with the regional director of the environment in relation to the findings of those plans, which may have a negative impact on the objectives of protection. Nature reserve.
3b. Forest equipment plans, simplified forest equipment plans and forest management tasks referred to in Article 3 (2) of the draft Regulation (EEC) No 1433/3 (3). 19 (1) 3 and 4 of the Act of 28 September 1991. In the area of the nature reserve, forests are required to be agreed with the Regional Director of the Environment as regards the arrangements for those plans or tasks which may have a negative impact on the nature conservation of the nature reserve.
3c. Recognition, change of borders, alteration of the purpose of protection or the liquidation of a nature reserve located in the maritime area require an arrangement with the director of the competent maritime office in so far as they influence the tasks of the director of the maritime office.
3d. The arrangements referred to in paragraph. 3c, shall be made within 30 days of the date of service of the request for reconciliation. Failure to take a position within this time limit by the Director of the competent maritime office shall be tantamount to agreeing on the cases requested.
3e. Where the area referred to in paragraph is referred to in paragraph 1. 1, is located in the maritime area, the property of the local regional environmental director, in the part concerning this area, is established along the coast on the territory of a given voivodship.
4. The Regional Director of Environmental Protection, by means of an act of local law in the form of ordinance, may introduce admission fees to the area of the nature reserve, guided by the need of nature conservation.
5. The Regional Director of Environmental Protection shall determine the rates of the fees referred to in paragraph. 4, with the fee for a one-off admission to the reserve may not exceed PLN 6 of the valorised by the forecast average annual price index of consumer goods and services, adopted in the Budget Act.
6. The fees referred to in paragraph 4, they are dedicated to nature conservation.
Article 14. [ Delegation] The Minister for Environment will define, by regulation, the types, types and subtypes of nature reserves, guided by the need to ensure that in the areas of valuable natural value, the natural value, protection and protection of the environment, the reserve and the selection of a representative number of nature reserves due to the dominant object of protection and the main type of the ecosystem.
Article 15. [ The prohibitions in national parks and nature reserves] 1. In national parks and in nature reserves it is forbidden to:
1) construction or rebuilding of construction works and technical equipment, except for objects and facilities serving the purposes of a national park or nature reserve;
2) (repealed)
3) capture or kill wild animals, collect or destroy eggs, form juveniles and forms of development of animals, deliberate the payment of vertebrate animals, collect antlers, destroy nor, nests, legends and other animal shelters and their distribution sites;
4) hunting, with the exception of the areas designated in the conservation plan or protective tasks established for the nature reserve;
5) the acquisition, destruction or deliberate damage to plants and fungi;
6) use, destroy, intentionally damage, pollute and make changes to natural objects, areas, and resources, creations and nature components;
7) changes in water relations, regulations of rivers and pipes, if these changes do not serve the protection of nature;
8) the extraction of rocks, including peat, and fossils, including fossil remains of plants and animals, minerals and amber;
9) destruction of soil or change of destination and land use;
10) smoking fire and tobacco products and using light sources with an open flame, with the exception of places designated by the director of the national park, and in the nature reserve-by the regional director of environmental protection;
11) carrying out manufacturing, trade and agricultural activities, with the exception of the places designated in the protection plan;
12) use of chemical and biological plant protection products and fertilizers;
13) a collection of wild plants and fungi and their parts, with the exception of places designated by the director of the national park, and in the nature reserve-by the regional director of environmental protection;
14) catch fish and other aquatic organisms, except for sites designated in the protection plan or protective tasks;
15) pedestrian, cycling, ski and horseback riding, with the exception of trails and ski trails designated by the director of the national park, and in the nature reserve-by the regional director of environmental protection;
16) introduction of dogs into areas subject to strict and active protection, with the exception of the places designated in the protection plan, shepherd dogs introduced into the areas covered by the active protection, on which the conservation plan or protective tasks allow grazing and dogs assisting within the meaning of Article 2 point 11 of the Act of 27 August 1997. about professional and social rehabilitation and employment of people with disabilities (Dz. U. of 2011 r. Nr 127, pos. 721, of late. zm.);
17) climbing, exploration of caves or water reservoirs, with the exception of places designated by the director of the national park, and in the nature reserve-by the regional director of environmental protection;
18) traffic of vehicles outside public roads and outside the roads located on immovable property owned by national parks or being in use of the perpetuated national parks, indicated by the director of the national park, and on the reserve nature by the regional director of environmental protection;
19) affixing plates, inscriptions, advertisements and other signs unrelated to nature conservation, the provision of a park or nature reserve, ecological education, with the exception of traffic signs and other signs related to security protection and the general order;
20) disturbing silence;
21) the use of motor boats and other motor equipment, water and motor sports, swimming and sailing, except for the acres or trails appointed by the director of the national park, and in the nature reserve-by regional the Director of Environmental Protection;
22) carrying out the work of the earth permanently distorting the sculpture of the terrain;
23) camping, with the exception of places designated by the director of the national park, and in the nature reserve-by the regional director of environmental protection;
24) conducting scientific research-in a national park without the consent of the director of the park, and in the nature reserve-without the consent of the Regional Director of Environmental Protection;
25) the introduction of plant species, animals or mushrooms, without the consent of the minister responsible for the environment;
26) the introduction of genetically modified organisms;
27) the organization of recreational and sports events-in a national park without the consent of the director of the national park, and in the nature reserve without the consent of the Regional Director of Environmental Protection.
2. The prohibitions referred to in paragraph. 1, do not concern:
1) the performance of tasks resulting from the protection plan or protective tasks;
2) (repealed)
3) carrying out rescue operations and activities related to common security;
4) perform tasks in the field of defence of the country in the event of a threat of state security;
5) areas covered by the landscape protection in the course of their economic use by organizational units, legal or natural persons and the exercise of property rights, in accordance with the provisions of the Civil Code.
3. The Minister of Environmental Affairs, after consulting the Director of the National Park, may authorise the area of national park to derogate from the prohibitions referred to in paragraph. 1, if justified:
1) the need to protect nature, carry out scientific research, educational, cultural, tourist, recreational or sporting purposes or religious cult objectives and do not result in a negative impact on the nature of the national park or
2) the need to implement the linear investment of the public objective, in the absence of alternative solutions and after guaranteeing a natural compensation within the meaning of art. 3 point 8 of the Act of 27 April 2001. -Environmental law.
4. The General Director of Environmental Protection, after consulting the Regional Director of Environmental Protection, may authorise the area of the nature reserve for derogations from the prohibitions referred to in paragraph. 1, if justified by the need:
1) conservation of nature or
2) the implementation of the linear investment of the public objective, in the absence of alternative solutions and after guaranteeing a natural compensation within the meaning of art. 3 point 8 of the Act of 27 April 2001. -Environmental law.
4a. In consultation with the opinion referred to in paragraph 1. 3 and 4, the Article shall not apply. 106 of the Act of 14 June 1960. -The Code of Administrative Procedure (Dz. U. of 2013 r. items 267, of late. zm.).
4b. The competent authorities shall issue the opinion referred to in paragraph 1. 3 and 4, within 30 days from the date of receipt of the application for its release. The opinion shall be delivered in the form of a written position of the authority containing an assessment of the planned activities in relation to the impact of the project on the nature of the national park.
5. The Regional Director of Environmental Protection may authorise the area of the nature reserve for derogations from the prohibitions referred to in paragraph. 1 if it is justified by the exercise of scientific research or educational, cultural, tourist, recreational or sporting objectives or objectives of religious worship and will not result in a negative impact on the nature conservation objectives of the reserve of nature.
6. Organizing and conducting trainings of mountain rescuers and rescue dogs, including avalanches, in the area of the national park outside the areas provided on the basis of art. 12 (1) 2, by the entities authorized to perform mountain rescue in a given area, requires a reconciliation with the director of the national park.
6. [ 2] Authorisation to derogate from the prohibitions referred to in paragraph 1. 1, it shall be issued, by administrative decision, for a fixed period of not more than 5 years.
7. An application for authorisation of a derogation from the prohibitions referred to in paragraph 1. 1, shall include in particular:
1. the name and address of the applicant and the name and address of the applicant;
2) an indication of the prohibitions from which the applicant intends to obtain a derogation permit;
3. the purpose of carrying out the requested action and the reasons for it;
4) a description of the planned activities;
5) the location of the execution of planned activities;
6) justification of the absence of alternatives to the planned variant in the case of implementation of linear investments of the public target;
(7) a description of the measures envisaged to prevent, reduce or compensate for the nature of the negative effects on the nature of the national park.
8. In the permit to derogate from the prohibitions referred to in paragraph 1. 1, irrespective of the requirements resulting from the provisions of the Act of 14 June 1960. -The Code of Administrative Conduct indicates the conditions for the implementation of this derogation as a result of the nature conservation needs.
Article 16. [ Landscape Park] 1. The landscape park covers the protected area due to natural, historical and cultural values and landscape values in order to preserve, popularize these values in the conditions of sustainable development.
2. In areas bordering the landscape park may be designated otulina.
3. The establishment of the landscape park or the enlargement of its area shall take place by a resolution of the voivodeship's purse, which specifies its name, area, course of the border and otulina, if it has been designated, the specific protection objectives and prohibitions appropriate to the landscaping park or parts thereof, selected from among the prohibitions referred to in Article 17 para. 1, resulting from the needs of its protection. The liquidation or reduction of the area of the landscape park takes place by a resolution of the state's seismic only because of the return of natural, historical and cultural values and landscape values in the areas designed to the Security-free.
3a. The creation of a landscape park located on the territory of more than one voivodship follows the one-sounding resolution of the competent purse seismics.
4. The draft resolution of the Sejmik of the voivodship on the establishment, change of borders or liquidation of the landscape park requires the arrangement with the appropriate local council of the municipality and the relevant regional director of environmental protection.
4a. Arrangements referred to in paragraph. 4, shall be carried out in accordance with art. 106 of the Act of 14 June 1960. -The Code of Administrative Procedure, provided that the absence of a position within one month from the date of receipt of the draft resolution, shall be deemed to be the agreement of the project.
4b. The municipal council may refuse to agree on the draft resolution referred to in paragraph. 3, only in the event that the adoption of this resolution would lead to limitation of the development possibilities of the municipality resulting from the findings of the study of determinants and directions of spatial planning or local zoning plan in the extent disproportionate to the value of which the landscape park is to protect.
4c. The municipal council may not refuse to agree on a draft resolution referred to in paragraph 1. 3, where the adoption of this resolution is a consequence of the recommendation concerning the establishment or enlargement of the area of the landscape park contained in the landscape audit referred to in art. 38a of the Act of 27 March 2003. planning and planning for spatial planning.
4d. The creation of the landscape park or the enlargement of its area can also occur at the request of the municipal council, in whose area the landscape park would be created or enlarged.
4e. The application referred to in paragraph 1. 4d, shall be considered not later than within 3 months from the date of receipt of the application by the Sejmik of the competent voivodship.
5. The Statue of a landscape park or a team of landscape parks specifying the organizational structure of the park or a team of parks gives the Voivodeship's seismist by way of a resolution.
5a. The Statue of a landscape park located on the territory of more than one voivodship gives in the way a resolution of the Sejmik of the voivodship, on which the area of operation is located a major part of the park, in agreement with the other purse seismics of the voivodships.
6. Agricultural and forestry land and other properties located within the boundaries of the landscape park are left in the economic use.
7. Projects of the study of determinants and directions of spatial development of the communes, local spatial development plans, spatial development plans of the voivodships and plans for spatial development of marine internal waters, the territorial sea and the exclusive economic zone in the part concerning the landscape park and its otulins, require an arrangement with the local regional director of environmental protection in relation to the findings of those plans which may have a negative impact on the impact on nature conservation of the landscape park.
Article 17. [ Landscaped forcages] 1. In the landscape park, the following prohibitions may be introduced:
1) the implementation of projects which could have a significant impact on the environment within the meaning of the provisions of the Act of 3 October 2008. providing information on the environment and its protection, public participation in environmental protection and on environmental impact assessments (Dz. U. of 2013 r. items 1235, with late. zm.);
2) the deliberate killing of wild animals, the destruction of their nor their nor the breeding grounds, the breeding grounds, the other shelters and the spawning sites, and the spawning and roes, with the exception of amateur fishing and the pursuit of activities under the rational agricultural economy, forest, fishing and hunting;
3. the liquidation and destruction of the prey, roadside and underwater bodies, if they are not due to the need to protect the flood or to ensure the safety of road or water traffic or to build, rebuild, maintain, repair or repair water equipment;
4) harvesting for economic purposes rocks, including peat, and fossils, including fossil remains of plants and animals, as well as minerals and amber;
5) to carry out the work of the earth permanently distorting the sculpture of the site, with the exception of works connected with the protection of an anti-implantation, flood or anti-slanders or construction, reconstruction, maintenance, repair or repair of water equipment;
6) making changes in water relations, if these changes do not serve to protect nature or the rational farming, forest, water or fishing industry;
7) building new construction sites in a belt width of 100 m from:
a) lines of river banks, lakes and other natural water reservoirs,
(b) the extent of the water mirrors in artificial water bodies situated in the waters of the normal level of piling as defined in the water licence referred to in Article 122 (1) 1 point 1 of the Act of 18 July 2001. -Water right
-with the exception of facilities for water tourism, water management or fishing;
8) localization of construction sites in a belt of 200 m wide from the edge of the cliffs and in the technical belt of the sea shore;
9. decommissioning, sprinkling and conversion of water reservoirs, old-age and water-mudslides;
10) the pouring of slurry, with the exception of the fertilisation of their own agricultural land;
11. breeding and breeding of animals by means of a non-bedding method;
12) maintain open sewage grooves and sewage tanks;
13) organize motor and motor rallies;
14) the use of motor boats and other motor equipment on open water reservoirs.
1a. In the landscape park, in the zones referred to in art. 20 para. 4 point 7, for land:
1. the local zoning plan shall be subject to prohibitions:
(a) localization of new construction sites,
(b) afforestation;
2. Non-local zoning plan shall be prohibited:
(a) localization of new construction sites,
(b) localisation of new construction sites deviating from the local architectural form,
(c) localisation of new construction sites of more than 2 floors or 7 m,
(d) afforestation.
1b. In the landscape park it is prohibited to destroy and damage the objects of significant historical and cultural importance indicated in the conservation plan for the landscape park.
2. The prohibitions referred to in paragraph. 1-1b, not applicable:
1) the performance of tasks resulting from the conservation plan, protective tasks or the plan of protective tasks;
2) the execution of tasks for the defence of the country and the security of the State;
3) carrying out rescue operations and activities related to common security;
4) the implementation of the investment of a public objective within the meaning of 2 point 5 of the Act of 27 March 2003. planning and planning of spatial planning, hereinafter referred to as the 'public-purpose investment'.
3. The ban referred to in paragraph. Article 1 (1) does not concern the implementation of projects likely to have a significant impact on the environment for which the production of a report on environmental impact is not mandatory and the environmental impact assessment procedure has been carried out. adverse effects on nature and landscape of the landscape park.
3a. The ban referred to in paragraph 1 shall be prohibited. Article 1 (3) shall not apply to the removal of a tree or shrub within the carnivages of alien species, as defined in the provisions adopted on the basis of art. 120 (1) 2f.
4. The prohibition referred to in paragraph 1. 1 point 14, does not apply to vessels of rescue units, business units of the owner of waters or water facilities located in the waters, inland waterway inspectors, the State and Social Fisheries Guards, ferries in the course of public roads, conducting a rational fishing economy and carrying out conservation tasks by the Service of the Landscape Park.
5. The Uchwała referred to in art. 16 ust. 3, may specify distances less than those specified in the paragraph. In accordance with Article 4 (1) (a) of the Treaty on the European Community, the European Community shall be subject to the provisions of the
Article 18. [ Protection Plan] 1. For national parks, nature reserves and landscape parks shall be drawn up and implemented by the conservation plan.
2. The protection plan referred to in paragraph 2. 1, shall be established within 5 years from the day of the establishment of the national park, the recognition of the area as a nature reserve or the establishment of a landscape park.
Article 19. [ Security Plan Design] 1. The draft protection plan shall draw up for:
1) National Park-Director of National Park;
(2) a nature reserve, the regional director of environmental protection or, after agreement with that authority, the management of the reserve or the supervision of the reserve;
3) Landscape Park-the director of the landscape park or the director of the landscape park team.
1a. The drawing up of the draft protection plan referred to in paragraph 1. 1, provides for the possibility of public participation, on the basis and in accordance with the procedure laid down in the Act of 3 October 2008. to provide information on the environment and its protection, public participation in the protection of the environment and environmental impact assessments, in the procedure to be followed by the drafting of the project.
2. The draft protection plan referred to in paragraph 2. In accordance with Article 1 (1) and (2), it is necessary to give an opinion on local municipalities.
3. The provisions of the paragraph. 1a, 2, 6b-6e shall apply mutatis mutandis in the event of amendment of the protection plan.
4. (repealed)
5. The Minister responsible for the environment shall establish, by means of a regulation, a protection plan for a national park within 6 months from the date of receipt of the draft plan or refusing to establish it if the draft plan is inconsistent with the objectives of protection of nature, taking into account the need to adapt conservation measures to protect the national park. The conservation plan may be amended if this is due to the needs of nature conservation.
6. The Regional Director of Environmental Protection shall establish, by means of an act of local law in the form of an ordinance, a conservation plan for the nature reserve within 6 months from the date of receipt of the draft plan. The conservation plan may be amended if this is due to the needs of nature conservation.
6a. The Sejmik of the voivodship shall establish, by way of a resolution, a conservation plan for the landscape park within 6 months from the date of receipt of the draft plan or refusing to establish it, if the draft plan is incompatible with the objectives of nature conservation. The conservation plan may be amended if this is due to the needs of nature conservation.
6b. The draft resolution referred to in paragraph 1. 6a, requires an arrangement with the relevant regional director of environmental protection and an opinion by the competent provincial monument conservator.
6c. The draft resolution referred to in paragraph 1. 6a, in the part concerning the introduction of the prohibitions referred to in Article 17 para. 1a, requires agreement with the local council of the municipality.
6d. The arrangements referred to in paragraph 1 shall be made. 6c, shall be carried out in accordance with art. 106 of the Act of 14 June 1960. -The Code of Administrative Procedure, provided that the absence of a position within one month from the date of receipt of the draft resolution, shall be deemed to be the agreement of the project.
6e. The municipal council may refuse to agree on the draft resolution referred to in paragraph 1. 6a, only if the prohibitions referred to in Article 6 are introduced. 17 para. 1a, would lead to a reduction in the development capacity of the municipality resulting from the findings of a study of determinants and directions of land use or a local zoning plan to the extent disproportionate to the value of the park The landscape is to protect.
7. The protection plan for a nature reserve located in more than one voivodship shall establish jointly, by means of an act of local law in the form of an ordinance, regional environmental directors where the area of operation is located parts of this reserve.
8. The protection plan for the landscape park located on the territory of several voivodships is established by the Sejmik of the voivodship due to the seat of the park's directorate, in agreement with the other purse seismics of the voivodships.
Article 20. [ Scope of protection plan] 1. A conservation plan for a national park, a nature reserve and a landscape park shall be drawn up for a period of 20 years, taking into account:
1) the characteristics and assessment of the state of nature;
2) identification and evaluation of existing and potential internal and external threats;
3) characterisation and assessment of social and economic determinants;
4) an analysis of the effectiveness of existing protection methods;
5) characterisation and assessment of the state of spatial development;
6) the results of the landscape audit referred to in art. 38a of the Act of 27 March 2003. planning and planning for spatial planning.
2. Works in drawing up the protection plans referred to in paragraph. 1, relying on:
1) the assessment of the state of resources, the creations and components of nature, landscape values, cultural values, and existing and potential internal and external threats, which can be made in the form of detailed descriptions;
2) develop a concept of conservation of resources, creations and components of nature and cultural values, as well as the elimination or reduction of existing and potential internal and external threats;
3) identification of protective tasks, specifying the type, scope and location.
3. The protection plan for the national park and nature reserve shall contain:
1) the objectives of nature conservation and the identification of the natural and social conditions of their implementation;
2) identification and determination of ways of eliminating or reducing existing and potential internal and external threats and their effects;
3) an indication of the areas of strict, active and landscaping protection;
4. the definition of protective measures in the areas of strict, active and landscape protection, specifying the type, scope and location of these activities;
5. an indication of the areas and places to be made available for scientific, educational, tourist, recreational, sporting, amateur fishing and fishing, and the identification of the means of making them available;
(6) an indication of the places where the manufacturing, trade and agricultural activities may be carried out;
7) arrangements for the study of the determinants and directions of spatial development of the communes, local spatial development plans, spatial development plans of voivodships and spatial development plans of the sea waters internal, territorial seas and an exclusive economic zone for the elimination or reduction of internal or external risks.
4. The conservation plan for the landscaping park includes:
1) the objectives of nature conservation and the natural, social and economic conditions of their implementation;
2) identification and determination of ways of eliminating or reducing existing and potential internal and external threats and their effects;
3) an indication of the areas of implementation of the conservation
4) defining the scope of works related to nature conservation and shaping the landscape;
5. an indication of the areas to be made available for scientific, educational, tourism, recreation, amateur fishing and other forms of farming and to determine the ways in which these areas are used;
6) arrangements for the study of the determinants and directions of spatial development of the communes, local spatial development plans, spatial development plans of voivodships and spatial development plans of the sea waters internal, territorial and exclusive economic zones with regard to the elimination or reduction of internal or external risks;
7. the definition of the boundaries of the protection zones of landscapes constituting, in particular, the subfields of exposure, observation axles, lookout points and areas of the building distinguished by the local architectural form, designated within the priority landscapes, identified in the framework of the landscape audit referred to in art. 38a of the Act of 27 March 2003. planning and planning of spatial planning, important for preserving the landscape of the landscape park, with an indication of which of the prohibitions, listed in art. 17 para. 1a, which is in force in a given zone;
8) a list of objects of significant historical and cultural importance.
4a. The conservation plan for the landscaping park, in the part concerning:
1) the determination of the zoning of the zones referred to in art. 20 para. 4 point 7,
2) a list of objects of significant historical and cultural importance, referred to in art. 20 para. 4 point 8,
3) the introduction of the prohibitions referred to in art. 17 para. 1a
-is an act of local law.
(5) The conservation plans for a national park, a nature reserve or a landscape park in a part overlapping with the Natura 2000 site should take into account the scope of the conservation task plan for the Natura 2000 site referred to in Article 4. 28, or the scope of the conservation plan for the Natura 2000 site referred to in art. 29.
6. The provision of the paragraph. 5 shall not apply to the protection plans for a national park, a nature reserve or a landscape park which is wholly or partly covered by the Natura 2000 site, for which the conservation task plan referred to in Article 4 is established. 28, or the security plan referred to in art. 29, covering the area of the national park, nature reserve or landscape park.
Article 21. [ Delegations] The Minister of Environmental Affairs will define for the national park, the nature reserve, the landscape park, by means of the regulation:
1) mode of drawing up the draft protection plan,
2) the scope of work for the preparation of the draft conservation plan,
3) the mode of making changes to the protection plan,
4) the scope and means of conservation of resources, creations and nature components
-guided by the need to protect the resources, creations and components of live and non-nourished nature in national parks, nature reserves and landscape parks, taking into account technical, organisational and financial capacities and knowledge and science in the field of nature conservation.
Article 22. [ Protective task design] 1. For a national park or nature reserve, pending the establishment of the protection plan, the supervising supervision shall draw up the draft conservation tasks.
2. The protective tasks referred to in paragraph 2. 1, establishes, by order of:
1) the Minister for Environment-for the National Park;
2) Regional Director of Environmental Protection-for a nature reserve.
3. The protective tasks referred to in paragraph 1. 1, take into account:
1. identification and assessment of existing and potential internal and external threats and ways of eliminating or limiting these risks and their effects;
2) a description of the means of protecting the active ecosystems, specifying the type, size and location of individual tasks;
3) a description of the ways of active protection of plant species, animals or mushrooms;
4) an indication of the areas covered by the strict, active and landscape protection.
4. The protective tasks referred to in paragraph 1. 1, may be laid down for one year or at the same time for the following years, but not more than 5 years.
Article 23. [ Protected landscape area] 1. The protected landscape area covers protected areas due to the distinctive landscape of diversified ecosystems, valuable because of the possibility of meeting needs related to tourism and leisure or the function ecological corridors.
2. The designation of the protected landscape area shall take place by a resolution of the voivodship's seiner, which specifies its name, location, area, supervising supervision, arrangements for active protection of ecosystems and prohibitions appropriate for the area concerned the protected landscape or parts thereof, selected from among the prohibitions listed in Article 24 ust. 1, resulting from the needs of its protection. The liquidation or reduction of the protected landscape area shall take place by a resolution of the voivodship's seismist, solely because of the indiscriminate loss of the distinctive landscape of diverse ecosystems and the possibilities of meeting the needs of the tourism and leisure.
3. Projects of resolutions of the state's purse seismic. 2, require agreement with the local council of the municipality and the relevant regional director of environmental protection.
3a. Arrangements referred to in paragraph 1. 3, shall be carried out in accordance with art. 106 of the Act of 14 June 1960. -The Code of Administrative Procedure, provided that the absence of a position within one month from the date of receipt of the draft resolution, shall be deemed to be the agreement of the project.
3b. The municipal council may refuse to agree on a draft resolution referred to in paragraph 1. 2, only in the event that the adoption of this resolution would lead to limitation of the development possibilities of the municipality resulting from the findings of the study of determinants and directions of spatial planning or local zoning plan in The extent to which the landscape is protected is disproportionate to the value of the protected landscape.
3c. The municipal council may not refuse to agree on the draft resolution referred to in paragraph. 2, where the adoption of that resolution is the consequence of the recommendation concerning the establishment or enlargement of the protected landscape area contained in the landscape audit, referred to in the Act of 27 March 2003. planning and planning for spatial planning.
3d. The creation of the protected landscape area or its enlargement can also occur at the request of the municipal council, in the area of which the protected landscape area would be formed or enlarged.
3e. The application referred to in paragraph 1. 3d, shall be considered not later than within 3 months from the date of receipt of the application by the Sejmik of the competent voivodship.
4. (repealed)
5. Projects of the study of determinants and directions of spatial development of the communes, local spatial development plans, spatial development plans of the voivodships and plans for spatial development of marine internal waters, the territorial sea and the exclusive economic zone, in part concerning the landscape protected area, requires an agreement with the relevant regional director of the environment in relation to the findings of those plans, which may have a negative impact on the protection of the environment. the nature of the protected landscape area.
Art. 23a. [ The designation of the landscape conservation zones and the establishment of a list of sites of significant historical and cultural significance] 1. On the protected landscape area of the seismik of the voivodship, by way of a resolution constituting the act of local law:
1) designate, within the borders of the priority landscapes identified in the framework of the landscape audit referred to in art. 38a of the Act of 27 March 2003. planning and development of spatial planning, landscape protection zones, in particular the subfields of exposure, observation axes, viewpoints, and built areas distinguished by the local architectural form, relevant to the preservation of landscape conservation areas of the protected landscape area, together with an indication of which of the prohibitions, listed in art. 24 ust. 1a, which is in force in a given zone;
2) specifies the list of objects of significant historical and cultural importance.
2. The draft resolution referred to in paragraph 2. 1, shall develop the Board of Governors.
3. The Board of the voivodship, drawing up the draft resolution referred to in paragraph. 1, provides for the possibility of public participation, on the basis and in accordance with the procedure laid down in the Act of 3 October 2008. to provide information on the environment and its protection, public participation in the protection of the environment and environmental impact assessments, in the procedure to be followed by the drafting of the project.
4. The draft resolution referred to in paragraph 1. 1, requires a reconciliation with the relevant regional director of environmental protection and an opinion by the competent provincial monument conservator.
5. The draft resolution referred to in paragraph. 1, in the part concerning the introduction of the prohibitions referred to in Article 24 ust. 1a, requires agreement with the local council of the municipality.
6. The arrangements referred to in paragraph 1 shall be made. 5, shall be carried out in accordance with art. 106 of the Act of 14 June 1960. -The Code of Administrative Procedure, provided that the absence of a position within one month from the date of receipt of the draft resolution, shall be deemed to be the agreement of the project.
7. The municipal council may refuse to agree on the draft resolution referred to in the paragraph. 1, only if the introduction of the prohibitions, listed in art. 24 ust. 1a, would lead to a reduction in the development capacity of the municipality resulting from the findings of a study of determinants and directions of land use or a local zoning plan to an extent disproportionate to the value of the protected landscape area is intended to protect.
8. The amendment of the resolution referred to in paragraph 1. 1, shall take place in the manner in which it is adopted.
Article 24. [ Prohibited products in the protected landscape area] 1. In the protected landscape area, the following prohibitions may be introduced:
1) the killing of wild animals, the destruction of the animals, the breeding grounds, the other shelters and the breeding sites and the spawning grounds, except for amateur fishing, and the pursuit of activities related to the rational farming, forestry, fishing and fishing and hunter;
2) the implementation of projects likely to have a significant impact on the environment within the meaning of the provisions of the Act of 3 October 2008. to provide information on the environment and its protection, public participation in the protection of the environment and environmental impact assessments;
3. the destruction and destruction of the intractable, roadside and underwater bodies, if they do not result from the need to protect the flood and ensure the safety of road or water traffic or the construction, reconstruction, maintenance, repair or repair water equipment;
4) the extraction for the economic purposes of rocks, including peat, and fossils, including fossil remains of plants and animals, as well as minerals and amber;
5) to carry out the work of the earth permanently distorting the sculpture of the site, with the exception of works connected with the protection of an anti-implantation, flood or counter-slates, or maintenance, construction, reconstruction, repair or repair of water equipment;
6. making changes in water relations if they serve other purposes than the protection of nature or the sustainable use of agricultural and forestry land and the rational water or fishing economy;
7) the liquidation of natural water reservoirs, old things and water-mud areas; 8) building new construction sites in a belt width of 100 m from:
a) lines of river banks, lakes and other natural water reservoirs,
(b) the extent of the water mirrors in artificial water bodies situated in the waters of the normal level of piling as defined in the water licence referred to in Article 122 (1) 1 point 1 of the Act of 18 July 2001. -Water right
-with the exception of water equipment and facilities for the rational farming, forestry or fishing industry;
9) localization of construction sites in a belt of 200 m wide from the cliff coastline and in the technical belt of the sea shore.
1a. On the protected landscape area, for land:
1) covered by the local spatial development plan and located in the zones referred to in art. 23a ust. 1 point 1, the prohibitions shall be:
(a) localization of new construction sites,
(b) afforestation;
2. not covered by the local zoning plan situated in the zones referred to in Article 23a ust. 1 point 1, the prohibitions shall be:
(a) localization of new construction sites,
(b) localisation of new construction sites deviating from the local architectural form,
(c) localisation of new construction sites of more than 2 floors or 7 m,
(d) afforestation.
(1b) In the area of protected landscape, destruction and damage to objects of significant historical and cultural importance, as indicated in the resolution referred to in art, are prohibited. 23a ust. 1.
2. The prohibitions referred to in paragraph. 1-1b, not applicable:
1) the execution of tasks for the defence of the country and the security of the State;
2) carrying out rescue operations and activities related to common security;
3) the implementation of the investment of the public objective
4) the performance of tasks resulting from the protection plan, protective tasks or the plan of protective tasks.
3. The ban referred to in paragraph. Article 1 (2) does not concern the implementation of projects likely to have a significant impact on the environment for which the environmental impact assessment has shown that there is no negative impact on nature conservation and protection of the protected landscape area landscape.
3a. The ban referred to in paragraph 1 shall be prohibited. Article 1 (3) shall not apply to the removal of a tree or shrub within the carnivages of alien species, as defined in the provisions adopted on the basis of art. 120 (1) 2f.
4. The Uchwała referred to in art. 23 (1) 2, may specify distances less than those specified in the paragraph. In accordance with Article 1 (1) (a) of the Treaty on the European Community, the European Community shall be subject to the provisions of the
Article 24a. [ Adaptation of erected construction sites to new regulations] 1. Owners of construction works erected before the date of entry into force of the conservation plan for the landscape park and the resolution referred to in art. 23a ust. 1, which infringe the provisions of those acts, shall not be obliged to adapt them.
2. The self-government of the voivodship, at the request of the owner of the construction object, erected before the date of entry into force of the acts referred to in the paragraph. 1, grossly contradicting their provisions, may cover the cost of adapting this construction object to the requirements of those acts.
Article 25. [ Network of Natura 2000 sites] 1. The network of Natura 2000 sites includes:
1. special protection areas for birds;
2) special habitat conservation areas;
(3) areas relevant to the Community.
2. The Natura 2000 area may cover part or all of the areas and objects covered by the nature conservation forms referred to in art. 6 para. 1 points 1-4 and 6-9.
Article 26. [ Delegation] The Minister for Environment shall define, by means of a regulation, the natural habitat types and species of Community interest, including natural habitats and species of priority, and requiring protection in the the form of designation of Natura 2000 sites as well as the selection criteria for areas eligible for recognition as areas of Community importance and designation as special habitat protection areas and areas eligible for designation as special protection areas for birds, taking into account the behaviour of the individual birds the valuable or endangered biodiversity components on the basis of which the Natura 2000 network is designated.
Article 27. [ List of Natura 2000 sites] 1. The General Director of Environmental Protection shall draw up a draft list of Natura 2000 sites, in accordance with the provisions of European Union law.
2. The project referred to in paragraph. 1, requires consultation with the local councils of municipalities. Failure to submit an opinion within 30 days from the date of receipt of the draft shall be considered as a lack of comments.
3. The Minister responsible for the environment, after obtaining the consent of the Council of Ministers, shall transmit to the European Commission:
(1) a list of the proposed areas of Community importance;
2. respect for the Community co-financing of the protection of areas designated by the natural habitat types and species of plant and animal species with a priority priority;
3) a list of areas of special protection of birds.
Article 27a. [ Area of special protection of birds] 1. The designation of an area of special protection of birds or of a special area of habitat conservation, a change of its borders or the liquidation shall take place in agreement with the Minister competent for agriculture, the minister competent for the development of the village, the minister competent for fisheries and with the Minister responsible for water management, by means of a Regulation of the Minister responsible for the environment, which shall specify the name, administrative location, area and map of the area, purpose and object of protection. The Minister responsible for the environment, by issuing the regulation, is guided by the state of natural habitats and of plant and animal species and the need to preserve particularly valuable or endangered biodiversity components.
2. Supervision of the Natura 2000 site or the proposed area of Community importance in the list referred to in art. 27 ust. The competent regional director of environmental protection or marine areas shall be the Director of the Maritime Office, subject to Article 3 (1), point 1. 32 par. 5.
3. The change of borders or the liquidation of the special protection zone for birds or a special area of habitat protection shall take place where this is justified by the natural changes found as a result of the monitoring and supervision referred to in Article 31, and with the approval of the European Commission.
(4) Special areas for habitat protection shall be determined by the Minister for Environment after agreement with the European Commission within six years from the date of the approval of the area by the European Commission as an area of Community importance.
Article 28. [ Protective task plan design] 1. For the Natura 2000 area, the area supervisor shall draw up a draft conservation plan for a period of 10 years; the first project shall be drawn up within 6 years from the date of approval of the area by the European Commission as an area of importance to the Community or from the date of designation of the special bird protection area.
2. For the proposed area of Community importance on the list referred to in Article 3 (2) of the EC 27 ust. In accordance with Article 3 (1), the supervising supervision may draw up a draft conservation plan for a period of 10 years.
3. The drawing up of the draft conservation task plan referred to in paragraph 3. 1, will enable interested persons and entities operating within the natural habitats and habitats of species for which Natura 2000 sites have been designated, participation in the work of drawing up this project.
4. The drawing up of the draft plan of conservation tasks referred to in paragraph 4. 1, provides for the possibility of public participation, on the basis and in accordance with the procedure laid down in the Act of 3 October 2008. to provide information on the environment and its protection, public participation in the protection of the environment and environmental impact assessments, in the procedure to be followed by the drafting of the project.
5. The Regional Director of Environmental Protection establishes, by means of an act of local law in the form of ordinances, a plan of conservation tasks for the Natura 2000 site, guided by the necessity of maintaining and restoring to the proper state of the conservation of the habitats nature and species of plants and animals for which Natura 2000 is designated. The plan of conservation tasks may be amended if this is due to the conservation needs of those natural habitats or of plant and animal species.
6. (repealed)
7. (repealed)
8. The conservation task plan for the Natura 2000 site located in more than one voivodship shall establish jointly, by means of an act of local law in the form of an ordinance, regional environmental directors, in which the area of action there are parts of this area.
(9) The provisions of paragraph 1 shall apply to the amendment of the plan of conservation tasks. 3 and 4.
(10) The plan of conservation tasks for the Natura 2000 site includes:
1) a description of the area's borders and the map of the Natura 2000 site
2. identification of existing and potential threats to the conservation of the appropriate conservation status of natural habitats and of plant and animal species and their habitats, which are objects of protection;
3) the objectives of the protection activities;
4. the definition of protection measures with an indication of the bodies responsible for their implementation and the areas of their implementation, including in particular actions concerning:
(a) the conservation of the active natural habitats, plant and animal species and their habitats,
(b) monitoring of the conservation status and monitoring of the achievement of the objectives referred to in point 3,
(c) to supplement the state of knowledge of the objects of protection and the conditions for their protection;
5) indications for changes in existing studies of the determinants and directions of spatial planning of communes, local spatial development plans, spatial development plans of voivodships and zoning plans the spatial marine internal waters, the territorial sea and the exclusive economic zone with regard to the elimination or reduction of internal or external risks, if necessary for the maintenance or restoration of the proper state of protection natural habitats and species of plants and animals for which protection the Natura 2000 site has been designated;
6) an indication of the date of preparation, if necessary, of the protection plan for the part or the whole of the area.
11. The plan of protective tasks shall not be drawn up for the Natura 2000 site or part of it:
(1) for which the protection plan referred to in Article has been established. 29;
2) overlapping in whole or in part with the area of the national park, nature reserve or landscape park, for which a protection plan has been established taking into account the scope referred to in paragraph. 10;
3) overlapping in whole or in part with the area of the national park or nature reserve, for which protection tasks have been established taking into account the scope referred to in paragraph. 10;
(3a) overlapping, in whole or in part, with an area of the Superforestry Order, for which the forest equipment plan laid down shall take account of the scope referred to in paragraph 1. 10;
4) located in marine areas.
11a. Design of the forest equipment plan referred to in paragraph. 11 point 3a, requires an agreement with the Regional Director of the Environment as regards conservation tasks for the Natura 2000 site or part thereof, covering in whole or in part, with the area of the Superforestry Management Board.
11b. The arrangements referred to in paragraph 1. 11a, shall be made by means of an order which shall be entitled to a complaint to the Minister of the Environment. In the event of a failure to take a position within 30 days from the date of service of the request for a reconciliation, the reconciliation shall be deemed to have been made.
11c. The Minister responsible for the environment, considering the complaint, shall consult the competent regional nature conservation council. The position shall be taken within a period of 30 days.
11d. Where the design of the forest equipment plan referred to in paragraph 1 is to be used. 11 point 3a, covers the Natura 2000 area or part of it, situated in the area of two or more voivodships, into the arrangement referred to in paragraph 1. 11a, the Article shall apply mutatis mutandis. 57 (1) 2 and 3 of the Act of 3 October 2008. providing information on the environment and its protection, public participation in environmental protection, and environmental impact assessments.
12. Act of local law in the form of the Regional Executive of the Director of Environmental Protection referred to in paragraph. 5, it shall lose its power in the event of the establishment of the protection plan referred to in Article 5. 29.
(13) The Minister responsible for the environment will determine, by way of regulation, for the Natura 2000 site:
1) the procedure for drawing up the draft protective task plan,
2) the scope of the work necessary for drawing up the draft conservation task plan,
3) mode of making changes to the plan of protective tasks
-guided by the need to protect the natural habitats and species of plants and animals and their habitats, taking into account their condition and the conditions for the social and economic development of the area covered by the plan of conservation tasks.
Article 29. [ Project Area Security Plan and Area Protection Plan] 1. The draft conservation plan for the Natura 2000 site or parts thereof shall be drawn up by the supervising area.
2. The draft conservation plan for the Natura 2000 site or part of it requires an opinion by:
1) the Director of the Regional Directorate of State Forests, if the Natura 2000 area includes an area managed by the State Forestry Forest State Forestry;
2) the Director of the Maritime Office, if the Natura 2000 area covers the sea area.
3. The Minister responsible for the environment shall establish, by means of a regulation, a conservation plan for the Natura 2000 site or part thereof for a period of 20 years, guided by the need to maintain and restore the natural habitat conservation status, and species of plants and animals for which the Natura 2000 site has been designated.
(4) The protection plan may be amended if it is due to the protection of the natural habitats or of the species of plants and animals and their habitats for which the conservation of the Natura 2000 site has been designated.
5. The drawing up of the draft protection plan referred to in paragraph 1. 1, will enable interested persons and entities operating within the natural habitats and habitats of species for which Natura 2000 sites have been designated, participation in the work of drawing up this project.
6. The establishment of the protection plan is preceded by the conduct of the proceedings with the participation of the public under the principles laid down in Chapter 3 of Chapter 3 of the Act of 3 October 2008. providing information on the environment and its protection, public participation in environmental protection, and environmental impact assessments.
7. In the case of amendment of the conservation plan for the Natura 2000 site or part of it, the provisions of the paragraph shall apply. 5 and 6.
(8) The conservation plan for the Natura 2000 site includes:
1) a description of the area's borders and the map of the Natura 2000 site
2. identification of existing and potential threats to the conservation of the appropriate conservation status of natural habitats, and of plant and animal species and their habitats, which are objects of protection;
(3) the definition of the conditions for maintaining or restoring the appropriate conservation status of the Natura 2000 sites, the preservation of the integrity of the Natura 2000 area and the coherence of the Natura 2000 network, relating in particular to the following:
(a) other forms of conservation of nature, overlapping with the Natura 2000 site,
(b) land use, including, in particular, the site of the localisation of the potential without damage to the Natura 2000 site, the technical and communication infrastructure, the tourist and educational infrastructure, and the areas which should be afforested areas and areas excluded from afforestation,
(c) the development of marine areas,
(d) water management,
(e) the agricultural, forestry and fishing industry,
(f) inland waterway waters where the possibility of the fishing of fish and other aquatic organisms is to be preserved or restored;
4) indications for changes in existing studies of determinants and directions of spatial planning of communes, local spatial development plans, plans for spatial development of voivodships and zoning plans the spatial marine internal waters, the territorial sea and the exclusive economic zone with regard to the elimination or reduction of internal or external risks, if necessary for the maintenance or restoration of the proper state of protection the natural habitats and species of plants and animals for which it has been designated Natura 2000 area;
5. the definition of protective measures to maintain or restore the appropriate conservation status of the conservation objects of the Natura 2000 area, with an indication of the bodies responsible for implementing them;
6) indicators of the appropriate conservation status of natural habitats or species of plants and animals and their habitats, being objects of protection;
7. specify the means of monitoring the implementation of the protective tasks and their effects;
8) the definition of ways of monitoring the conservation status of natural habitats or of plant and animal species and their habitats, which are objects of protection.
9. The scope of the protection measures referred to in paragraph. Point 5 of paragraph 8 may include, in particular:
1) the protection of the active or the restoration of natural habitats or habitats of species of plants and animals which are the subject of protection;
2. maintenance of ecological corridors connecting Natura 2000 sites;
(3) the distribution of facilities and facilities for the conservation purposes of the Natura 2000 site;
(4) water relations, including water management;
(5) the agricultural, forestry and fishing economy, including:
(a) the orientations of the production space,
(b) an indication of the areas to be afforested and the areas excluded from afforestation,
(c) an indication of the inland surface waters of the liquid in which fish and other aquatic organisms should be preserved or reproduced;
6. the conditions for the use of land and their use, including, as appropriate, the indication:
(a) land intended for construction,
(b) the location of technical and communication infrastructure,
(c) the location of the tourist and educational infrastructure.
10. The Minister responsible for the environment will determine, by way of regulation, for the Natura 2000 site:
1) mode of drawing up the draft protection plan,
2) the scope of the work necessary for drawing up the draft conservation plan,
3) mode of making changes to the security plan
-guided by the need to protect the natural habitats and species of plants and animals and their habitats, taking into account their condition and the conditions for the social and economic development of the area covered by the conservation plan.
Article 30. [ The protection plan for part of the Natura 2000 site] 1. A security plan established for a national park, a nature reserve or a landscape park located within the borders of the Natura 2000 area, taking into account the scope referred to in art. 29, it becomes a conservation plan for that part of the Natura 2000 site.
2. Plan of the forest equipment for the superforestry situated within the boundaries of the Natura 2000 area, taking into account the scope referred to in art. 29, it becomes a conservation plan for that part of the Natura 2000 site.
3. Projects of the study of determinants and directions of spatial development of the communes, local spatial development plans, spatial development plans of the voivodships and plans for spatial development of the maritime interior waters, the territorial sea and the exclusive economic zone in part concerning an existing or proposed Natura 2000 site shall require an agreement with the regional director of the environment in relation to the findings of those plans, which may significantly negatively affect the The Natura 2000 site is the site of the
Article 31. [ Assessment of the implementation of the area The supervising Natura 2000 site shall be drawn up and transmitted by the General Director of the Environment, every 6 years for a special area conservation area and every 3 years for the special bird protection area, the assessment the implementation of the protection of that area, including information on the protective measures to be taken and the impact of those measures on the conservation status of the natural habitats and of plant and animal species for which the Natura 2000 site has been designated, as well as the results of monitoring and supervision of these activities.
Article 32. [ Supervision of areas ' functioning] 1. The General Director of Environmental Protection supervises the functioning of Natura 2000 sites, keeping records of the data necessary to take action in the scope of their protection.
2. The supervision referred to in paragraph 2. 1, consists of:
1) issuing recommendations and guidelines on the protection and functioning of Natura 2000 sites;
2) the definition of the scope and request of information on the conservation and functioning of Natura 2000 sites;
3) control of the implementation of the findings of protection plans and plans of conservation tasks of Natura 2000 sites.
3. The Regional Director of Environmental Protection coordinates the functioning of Natura 2000 areas in the area of its activity.
4. On the territory managed by the State Forest Forest State Forest, on which the Natura 2000 site is located, nature conservation tasks are carried out by the own local forest superforestry as defined by the plan of the forest device.
5. Where the Natura 2000 area covers, in whole or in part, the area of the national park, exercising supervision over the Natura 2000 site within the national park is the director of the national park.
Article 33. [ Prohibition of taking action likely to have a negative impact on the purpose of protection of the area] 1. It is forbidden, subject to art. 34, taking action that may, alone or in combination with other activities, have a significant negative impact on the conservation objectives of the Natura 2000 site, including in particular:
1) deteriorate the state of natural habitats or habitats of species of plants and animals for which conservation has been designated an area of Natura 2000 or
(2) adversely affect the species for which the Natura 2000 site has been designated, or
3) deteriorate the integrity of the Natura 2000 site or its links with other areas.
2. Paragraph Recipe 1 shall apply mutatis mutandis to the proposed areas of Community importance included in the list referred to in Article 3. 27 ust. Article 3 (1), pending the approval of the European Commission as areas of Community importance and designating them as special areas for the conservation of habitats.
3. Projects of policies, strategies, plans and programmes and changes to such documents as well as planned projects that may significantly affect the Natura 2000 site, and which are not directly linked to the conservation of the Natura 2000 site or areas, referred to in paragraph 1: 2, or not resulting from that protection, shall require an appropriate impact assessment to be carried out under the rules laid down in the Act of 3 October 2008. providing information on the environment and its protection, public participation in environmental protection, and environmental impact assessments.
Article 34. [ Permit to implement the plan or activities that may have a significant negative impact on the objectives of the protection of the area] 1. If the requirements of an overriding public interest, including requirements of a social or economic nature, and in the absence of alternative solutions, the local regional director of environmental protection and in areas where there is a lack of alternatives, are necessary. maritime-the director of the competent maritime office, may authorise the implementation of the plan or activities which may adversely affect the conservation objectives of the Natura 2000 area or the areas listed in Article 4 (1) of the Treaty. 27 ust. Article 3 (1), ensuring the implementation of the natural compensation necessary to ensure the coherence and proper functioning of the Natura 2000 network.
2. Where significant negative impacts are applied to habitats and priority species, the authorisation referred to in paragraph 1 shall be subject to the authorisation referred to in paragraph 1. 1, may be granted only for the purpose of:
1) the protection of the health and life of people;
2. ensuring universal security;
3. to obtain favourable consequences of primary importance for the environment;
4) as a result of the necessary requirements of the overriding public interest, having obtained the opinion of the European Commission.
Article 35. [ Natural Compensation] 1. Issuing the permit referred to in art. 34 par. 1, the locally competent regional director of environmental protection and, in the maritime areas, the director of the competent maritime office, in consultation with the landlord, according to the scale and type of the negative impact on the conservation objectives of the Natura 2000 site, set the scope, place, timing and method of implementation of the natural compensation, obliging it to implement it no later than the date of commencation of the actions which cause adverse effects.
2. The cost of the natural compensation shall be borne by the operator implementing the plan or the project.
2a. For the maintenance of natural habitats, habitats of plants and animals created in the framework of natural compensation, as well as for the monitoring of their condition corresponds to:
(1) supervising the Natura 2000 site in which the compensation was carried out;
2) the regional director of environmental protection in a field outside the Natura 2000 site.
3. The Regional Director of Environmental Protection or the Director of the Maritime Office shall supervise the implementation of the natural compensation.
4. The Regional Director of Environmental Protection or the Director of the Maritime Office shall submit the information to the General Director of Environmental Protection at:
1) the established nature of the natural compensation referred to in paragraph 1. 1, within 30 days from the date of issue of the consent referred to in art. 34 par. 1, for the implementation of activities likely to have a significant negative impact on the Natura 2000 site;
2) the natural compensation carried out within 30 days from the date of completion of the implementation of the compensatory measures.
5. The General Director of Environmental Protection shall submit the information referred to in paragraph. 4, the Minister for Environmental Affairs.
6. The Minister responsible for the environment shall inform the European Commission of the established nature of the natural compensation before its implementation and before the implementation of the plan or action.
(7) The Minister responsible for the environment shall determine, by means of a regulation, the detailed modalities and forms for the submission of the information referred to in paragraph 1. 4, guided by the need to protect the natural habitats and species of plants and animals and their habitats.
Article 35a. [ Environmental Considerations decision] In the case of actions intended to be carried out within the framework of the planned activities, the authorisation referred to in Article 1 shall be taken. 34 par. 1, shall be replaced by the decision on environmental conditions or the agreement with the Regional Director of Environmental Protection, within the meaning of the Act of 3 October 2008. providing information on the environment and its protection, public participation in environmental protection, and environmental impact assessments. The provisions of the Article shall apply mutatis mutandis. 34 and 35.
Article 36. [ Activities in Natura 2000 sites-prohibitions] 1. In Natura 2000 areas, subject to the paragraph. 2, it shall not be subject to a restriction on the maintenance of facilities and facilities for flood safety and economic, agricultural, forestry, hunting and fishing activities, as well as amateur fishing activities, if it does not significantly affect the activities of the Community. negatively for the conservation objectives of the Natura 2000 site.
2. Doing the activities referred to in paragraph 2. 1, in the Natura 2000 sites of national parks and nature reserves, is only allowed to the extent that it does not violate the prohibitions in force in those areas.
3. Where economic, agricultural, forestry, hunting or fishing activities need to be adapted to the conservation requirements of the Natura 2000 site, which does not apply the income reduction support programmes, the regional director of environmental protection may conclude an agreement with the owner or holder of the area, with the exception of the property managers of the State Treasury, which contains a list of the necessary actions, ways and deadlines for their execution and the terms and conditions of the settlement of the debts for the performed activities, and also the value of the compensation for lost revenue resulting from the introduced limitations.
Article 37. [ Activities without permission, restoration of the previous state of the area] 1. If the actions likely to have a significant negative impact on the conservation objectives of the Natura 2000 site or of the area included in the list referred to in Article ... 27 ust. 3 (1), have been taken without authorisation as referred to in Article 3 (1). 34, or the arrangements or decisions referred to in art. 35a, the regional director of environmental protection, and in the maritime areas-the director of the competent maritime office, issues a decision in which he commands, according to the needs, their immediate cessation or take the necessary preventive action or corrective actions.
2. If the activities in the Natura 2000 area have been taken contrary to the findings of the plan of protection or protection, the regional director of environmental protection and, in the maritime areas, the director of the competent maritime office, shall issue a decision as to which Paragraph 1. 1, unless the actions taken are carried out within the framework of the public's objective investment.
3. If in relation to the activities referred to in paragraph. 1 and 2, the proceedings referred to in Article 1 shall be carried out. 48, art. 49b or art. 50 of the Act of 7 July 1994. -Building law (Dz. U. of 2013 r. items 1409, with late. zm.), the Regional Director of Environmental Protection, and in the maritime areas-the Director of the competent maritime office, suspends the proceedings on the issue of the decision referred to in the paragraph. 1, pending the completion by the competent authority of the proceedings under the Act of 7 July 1994. -Building law.
4. In the case of the activities referred to in paragraph. 1 and 2, to which the provisions of the Act of 13 April 2007 apply at the same time. of preventing damage to the environment and their repair (Dz. U. of 2014 items 1789 and from 2015 items 277), there shall be no proceedings for the issue of the decision referred to in paragraph. 1.
Article 37a. [ A decision ordering the necessary preventive action or remedial action] 1. If in the decision referred to in art. 37 par. 1, the necessary preventive action or remedial action is required, the decision shall specify:
1) the state to which the environment is to be reinstated;
2) the scope and the means of carrying out preventive actions or remedial actions, including activities aimed at limiting the impact on the Natura 2000 site or the area included in the list referred to in art. 27 ust. 3 point 1;
3) the deadline for the commencements and termination of preventive actions or corrective actions.
2. Preventive and corrective actions shall be understood as appropriate preventive actions and corrective actions as referred to in the Act of 13 April 2007. of preventing damage to the environment and repair thereof.
3. Establishing the order, scope and manner of taking corrective action, regional director of environmental protection, and in the maritime areas-the director of the competent maritime office, shall be guided by the nature, scope and size of the negative impact, and also the possibility of natural repair of natural elements in the area where the negative impact occurred.
4. The Regional Director of Environmental Protection, and in the maritime areas-Director of the competent maritime office, shall issue the decision referred to in art. 37 par. 1, after consulting the director of the national park-with regard to the negative impact in the area of the national park.
Article 37b. [ Decision ordering the obligation to carry out soil and soil pollution tests or to measure the content of substances in water] In the decision referred to in Article 37 par. 1, the regional director of environmental protection, and in the maritime areas-the director of the competent maritime office, may impose an obligation to carry out soil and soil pollution tests or to measure the content of the substance in water, including sampling, or monitoring of biodiversity and landscape diversity, specifying:
(1) the scope of studies, measurements or monitoring;
2. the methodology for conducting tests, measurements or monitoring;
(3) the time and form of the submission of the results of studies, measurements or monitoring to the regional director of the environment, and in the maritime areas, to the Director of the competent maritime office.
Article 37c. [ Solidarity of Liability of Entities] 1. If the actions likely to have a significant negative impact on the conservation objectives of the Natura 2000 site or of the area included in the list referred to in Article ... 27 ust. The responsibility of these entities shall be jointly and severally liable for more than one entity.
2. If the actions referred to in paragraph 1 1, have been taken with the consent or knowledge of the wielding surface of the earth, it is obliged to conduct preventive actions or remedial actions, as well as to conduct a monitoring jointly and severally with the entity which took them. The subject of the land shall be understood to mean the entity referred to in art. 3 point 44 of the Act of 27 April 2001. -Environmental law.
3. In the case referred to in paragraph. 2, the decision referred to in art. 37 par. 1, it is also referred to the ruler of the earth.
Art 37d. [ informing the Regional Director of the Environment of the conduct of preventive actions or remedial actions] The entity required to carry out preventative actions or remedial actions shall inform the Regional Director of the Environment and, in the maritime areas, the Director of the relevant maritime office, of the completion thereof.
Article 38. [ Reports and Notifications concerning areas] The General Director of Environmental Protection shall submit reports and notifications to the European Commission concerning the Natura 2000 sites and shall request opinions on these areas.
Article 39. [ Source of funding] Costs associated with the implementation and operation of the Natura 2000 network in the area not covered by the Community financing shall be financed from the State budget, as well as from the budgets of local government units and from the National Fund Protection of the Environment and Water Management and the voivodships of environmental protection and water management.
Article 40. [ Nature Monuments] 1. Nature monuments are individual forms of living and inanimate nature or their aggregations of a special natural, scientific, cultural, historical or landscape value, and which are distinguished by individual features, distinguishing them among the other creations, various tree sizes, shrubs of native or foreign species, sources, waterfalls, landfalls, rocks, jars, overhead boulders and caves.
2. In non-built-up areas, if this does not constitute a threat to people or property, trees constituting monuments of nature shall be protected until their self-existent, total decay.
3. The Minister of Environmental Affairs may determine, by means of a regulation, the criteria for the recognition of living and non-nourished nature constructions as a natural monument, guided by the need to protect trees and shrubs because of their size, age, potions and historical significance, and concerning the creations of inanimate nature-due to their scientific, aesthetic and landscape meanings.
Article 41. [ Documentary posts] 1. Documentary standers are non-separable on the surface or possible to extract, scientifically and didactic, the place of the occurrence of geological formations, the buildup of fossils or mineral creations, caves or subscale shelters, including mudles and fragments of exploited or inactive surface and underground exploits.
2. Documentary standers can also be places of the occurrence of fossil remains of plants or animals.
Article 42. [ Organic uses] Ecological use is deserving of protection of the remnants of ecosystems relevant for the preservation of biodiversity-natural water reservoirs, intra-field and intra-forest water meshes, tree and shrub cages, swamps, peat bogs, dunes, donations, and donations non-utilised vegetation, old age, rock outings, pits, pebages, natural habitats and rare or protected sites of plants, animals and fungi, their ostoje and the place of reproduction or place of seasonal residence.
Article 43. [ Natural and Landscape Teams] Natural and landscape groups are fragments of natural and cultural landscapes deserving of protection due to their observation or aesthetic values.
Article 44. [ Establishment and abolition of nature conservation forms] 1. The establishment of a natural monument, documentation station, ecological use or natural-landscape complex shall be carried out by a resolution of the municipal council.
2. The praise of the council of the municipality referred to in the mouth. 1, specifies the name of the object or area concerned, its location, its supervision, the specific protection objectives, where necessary, the arrangements for its active protection and the prohibitions applicable to that object, area or part thereof, selected from the prohibitions. mentioned in art. 45 par. 1.
2a. In adopting a resolution on the establishment of a natural and landscape team, the municipal council shall take into account the existing areas of cultural parks in the area.
3. Conservation of the form of nature protection referred to in the paragraph. 1, shall make the council of the municipality by way of a resolution.
3a. Draft resolutions referred to in paragraph 1. 1 and 3, they need to be agreed with the relevant Regional Director of Environmental Protection.
3b. The arrangements referred to in paragraph 1 shall be made. 3a, it shall be carried out in accordance with Article 3 106 of the Act of 14 June 1960. -The Code of Administrative Procedure, provided that the absence of a position within one month from the date of receipt of the draft resolution, shall be deemed to be the agreement of the project.
4. Conservation of the form of protection of nature referred to in paragraph. 1, takes place in the event of loss of natural and landscape values, due to which the form of nature protection has been established, or if necessary the realization of the investment of the public target in the absence of alternatives or the provision of universal security.
5. The abolishment of the natural and landscape team shall also be carried out in the event of the establishment of a cultural park.
Article 45. [ Conservation of nature conservation forms] 1. The following prohibitions may be introduced in relation to the natural monument, documentation position, ecological use or natural-landscape assembly:
1) destroy, damage, or convert an object or area;
2. the execution of the earth's work permanently distorting the sculpture of the site, with the exception of works related to the anti-implant or flood protection or the construction, reconstruction, maintenance, overhaul or repair of water equipment;
3) damage to soil and soil pollution;
4) making changes in water relations if these changes do not serve to protect nature or to the rational farming, forest, water or fishing industry;
5) the liquidation, sprinkling and conversion of natural water bodies, old things and water-mudslides;
6) the pouring of slurry, with the exception of the fertilisation of utilised agricultural land;
7) changes in the use of land;
8) extraction for the economic purposes of the rocks, including peat, and fossils, including fossil remains of plants and animals, as well as minerals and amber;
9. the deliberate killing of wild animals, the destruction nor the destruction of animals, animal legends, and spawning and roes, with the exception of amateur fish fishing and the pursuit of activities related to the rational farming, forestry, fishing and hunting activities;
10) harvesting, destruction, damage to plants and fungi in the areas of ecological grassland, created to protect the positions, habitats or plant and protected fungi;
11) affixing advertising boards.
2. The prohibitions referred to in paragraph. 1, do not concern:
1) work carried out for nature conservation after agreement with the body establishing a given form of nature conservation;
2) the realisation of the investment of a public objective in the absence of alternatives, after agreement with the body establishing a given form of nature conservation;
3) tasks in the field of defence of the country in the event of a threat of state security;
4) to eliminate the emergencies of universal security and to carry out rescue operations.
Article 45a. [ Coordination of the functioning of nature conservation forms] 1. The General Director of Environmental Protection coordinates the functioning of the nature conservation forms referred to in art. 6 para. 1 points 2-4 and 6-9.
2. The coordination referred to in paragraph 2. 1, in particular, shall consist in the right to request information concerning the functioning of the nature conservation forms referred to in paragraph 1. 1 and publish recommendations in this respect.
Article 46. [ Quality protection] 1. Species protection covers specimens of species and habitats and ostoves of plants, animals and mushrooms.
2. Species protection is intended to ensure the survival and proper conservation status of wildlife in the country or other Member States of the European Union, rare, endemic, vulnerable and threatened with extinction, and protected on the basis of the provisions of international agreements, of which the Republic of Poland is a party, species of plants, animals and fungi and their habitats and stands, as well as conservation of species and genetic diversity.
3. In order to protect the stands and positions of plants or fungi placed under the protection of species or ostands, the places of breeding and the regular presence of animals subject to species protection may be established protection zones.
Article 47. [ Ex-situ protection] 1. Plants, animals and fungi of species threatened with extinctions in the natural environment shall be subject to the protection of ex situ in zoos, botanical gardens or gene banks.
2. The ex situ conservation of the species referred to in paragraph 2. 1, should aim to restore the individuals of these species to the natural habitat.
Article 48. [ Delegations] The Minister for the Environment, in agreement with the Minister responsible for agriculture, shall determine by way of regulation:
1. plant species:
(a) protected under strict protection, detailing species requiring active protection,
(b) under partial protection,
(c) which are subject to partial protection, which may be obtained, and the means of obtaining them,
(d) requiring the establishment of the protection zones of their stands or positions,
2. the prohibitions selected from the prohibitions referred to in Article 2 for each species or group of plant species shall be prohibited. 51 (1) 1 and 1a, and derogations from the prohibitions selected from among the derogations referred to in Article 3 (1) and (1a). 51 (1) 2,
3) means of conservation of species, including the size of protection zones
-guided by the need to protect the wild plants, their habitats, their sites or positions and the ecological, scientific and cultural requirements and taking into account the provisions of European Union law in this regard.
Article 49. [ Delegations] The Minister for the Environment, in agreement with the Minister responsible for agriculture, shall determine by way of regulation:
(1) species:
(a) animals subject to strict protection, detailing species requiring active protection,
(b) the animals under partial protection,
(c) the animals covered by the partial protection which may be obtained, and the means of obtaining them,
(d) (repealed)
(e) animals requiring the establishment of protection zones for the presence, distribution sites or regular presence of animals,
2. the prohibitions selected from the prohibitions referred to in Article 2 from the prohibitions referred to in Article 3 for each species or group of animal species are appropriate. 52 par. 1 and 1a, and derogations from the prohibitions selected from among the derogations referred to in Article 3 (1) and (1a). 52 par. 2,
3) means of conservation of species, including the size of protection zones
-guided by the need to protect the wild animals, their habitats, their habitats or positions and the ecological, scientific and cultural requirements and taking into account the European Union law in force in this regard.
Article 50. [ Delegations] The Minister for the Environment, in agreement with the Minister responsible for agriculture, shall determine by way of regulation:
1) species of mushrooms:
(a) protected under strict protection,
(b) under partial protection,
(c) which are subject to partial protection, which may be obtained, and the means of obtaining them,
(d) requiring the establishment of the protection zones of their stands or positions,
2. the prohibitions selected from the prohibitions referred to in Article 2 for each species or group of species of mushroom species shall be prohibited. 51 (1) 1 and 1a, and derogations from the prohibitions selected from among the derogations referred to in Article 3 (1) and (1a). 51 (1) 2,
3) means of conservation of species, including the size of protection zones
-guided by the need to protect wild mushrooms, their habitats, sites or posts and ecological, scientific and cultural requirements, and taking into account the European Union law in force in this regard.
Article 51. [ The prohibitions relating to wild plants or fungi of species protected by species protection] 1. The following bans may be introduced in relation to wild plants or fungi of species protected by species protection:
1. intentional destruction;
2) deliberate ripping or damaging;
3) the destruction of their habitats or ostants;
4) making changes in water relations, use of chemical agents, destruction of forest litter or destruction of soil in the ostochia;
5. breeding;
6) acquiring or harvesting;
7) the holding or holding of specimens of species;
8. disposal, offer for sale, exchange, donations or transport of specimens of species;
(9) incarnation from abroad or export of specimens of species outside the border of the country;
10) deliberate movement in the natural environment;
11) a deliberate introduction into the natural environment.
(1a) The following prohibitions may be introduced in relation to other than wild plants or fungi of species protected by species protection:
1. breeding;
(2) the holding or holding of specimens of species;
3. disposal, offer for sale, exchange, donations or transport of specimens of species;
4) incarnation from abroad or export abroad of the country of specimens of species;
5) a deliberate introduction into the natural environment.
2. In relation to plant species or fungi under species protection may be introduced, in the absence of alternative solutions and if they are not harmful to the behaviour in the proper state of protection of wild present protected populations species of plants or mushrooms, derogations from the prohibitions referred to in paragraph 1. 1 and 1a, concerning:
1) carrying out activities relating to the conduct of the rational agricultural, forestry or fishing industry, if the technology of the work makes it impossible to comply with the prohibitions;
2) disposal of plants and fungi of destructive materials or building objects;
3) harvesting of the species referred to in art. 48 point 1 (a) c and Art. 50 point 1 (c), by entities that have been authorised by the Regional Director of Environmental Protection or the General Director of the Environment for the acquisition of the Environment;
4) the holding, holding, disposal, offering for sale, exchange, donations, and the export of specimens of the species referred to in the Article. 48 point 1 (a) c and Art. 50, point 1 (c), obtained on the basis of the authorisation referred to in point 3;
5) holding, holding, disposing, offering for sale, exchange, donations, as well as export of specimens of species collected outside the border of the State and imported from abroad under the authorisation of the Regional Director of Protection environment or General Director of Environmental Protection.
3. Derogation from the prohibition referred to in paragraph The species listed in Annex IV to Council Directive 92/43/EEC of 21 May 1992 shall not apply to the species listed in point 1 of Annex IV to Directive 92/43/EEC. on the conservation of natural habitats and of wild fauna and flora (Dz. Urz. EC L 206 of 22.07.1992, p. 7, with late. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 15, t. 2, p. 102).
Article 52. [ Prohibitors relating to wild animals of species protected by species protection] 1. The following prohibitions may be introduced in relation to wild animals of species protected by species protection:
1. intentional killing;
2. intentional mutilation or grasping;
3) the deliberate destruction of their eggs, juvenile forms or forms of development;
4. transport;
(5) rearing or breeding;
6. the collection, collection, detention, possession or preparation of specimens of species;
7) destruction of habitats or oesties, being their area of breeding, raising young, resting, migrating or feeding;
8) destruction, removal or damaging of nests, frozen, nor, legals, feeding grounds, there, sawmills, winterlands or other shelters;
9. intentionally preventing access to shelters;
10) disposal, offering for sale, exchange, donations or transport for the sale of specimens of species;
11) to enter from abroad or to export the specimens of species out of the country;
12) deliberate prowess or unrest;
13) intentionally pay or unrest in places of accommodation, during the breeding period in places of breeding or rearing of young people or in the places of feeding of migratory or wintering birds;
14) photographing, filming or observing, likely to cause them to be paid or unhassed;
15) deliberate movement from the places of regular residence to other places;
16) a deliberate introduction into the natural environment.
(1a) The following prohibitions may be introduced in relation to other than wild animals of species subject to species protection:
1. intentional killing;
2) the deliberate destruction of their eggs, juvenile forms or forms of development;
3. transport;
4. breeding or breeding;
5) the holding, possession or prepares of specimens of species;
6) disposal, offering for sale, exchange, donations or transport for the sale of specimens of species;
7) incarnation from abroad or export abroad of the country of specimens of species;
8) a deliberate introduction into the natural environment.
2. In relation to species of species protection species may be introduced, in the absence of alternatives and if they are not detrimental to the conservation in the proper condition of protection of wild species of protected species animals, derogations from the prohibitions referred to in paragraph 1. 1 and 1a, concerning:
1) removing from 16 October to the end of February the nests of birddays for birds and mammals;
2) removal from 16 October to the end of February, the bird's nests from construction sites or green areas, if security or sanitary considerations so require;
3) grabbing in areas built by entities authorized by the regional director of environmental protection of stray animals and staging them to the places of regular residence;
4) the capture of animals injured or weakened in order to grant them veterinary assistance and staging them to animal rehabilitation centres;
5) prevention of serious damage to agricultural crops, livestock, forests, fish stocks, water or other types of property;
6) harvesting specimens of species referred to in art. 49 point 1 (c), by entities authorised by the Regional Director of Environmental Protection or the General Director of the Environment for the acquisition of the Environment;
7. holding, holding, disposing, offering for sale, exchange, donations, and also exporting the specimens of the species referred to in Article 49, point 1 (c), obtained on the basis of the authorisation referred to in point 6;
8. holding, holding, disposing, offering for sale, exchange, donations, as well as export of specimens of species collected outside the border of the State and imported from abroad on the basis of an authorisation from the Regional Director of Protection the environment or the General Director of the Environment;
9. collection and storage of bird feathers.
3. (repealed)
4. In the case of bird species, the prevention of serious damage referred to in paragraph 1. 2 (5), refers to cereals, livestock, forests, fish or water.
Art. 52a. [ Performance requirements for forest and fisheries management] 1. The forest economy shall be without prejudice to the prohibitions referred to in art. 52 par. 1 points 1-3, 7, 8, 12 and 13 where it is based on plans which have been subject to a strategic environmental impact assessment, including the impact on the wild population of the species of Community interest and protected species of birds and their habitats or is carried out on the basis of the requirements of good forest management practice, the findings of which ensure that the operations carried out in accordance with them are not detrimental to the conservation of the species in the the proper state of protection.
2. The fishing economy shall not violate the prohibitions referred to in art. 52 par. 1 points 1 to 4, 7, 8, 12, 13 and 15 where it is carried out on the basis of requirements of good fishing practice, the arrangements of which ensure that the operations carried out in accordance with them are not harmful to the conservation of the species in the appropriate state security.
3. The Minister of Environmental Affairs may determine, by way of regulation, the requirements of good forest management practice referred to in para. 1, guided by the need to preserve protected species in an appropriate state of protection, in particular of species of interest to the Community and of protected species of birds, taking into account economic, social and cultural requirements and regional and local features.
4. The Minister responsible for fisheries, in agreement with the Minister of Environment, may determine, by means of a regulation, the requirements of good practice in the fisheries sector referred to in paragraph 1. 2, guided by the need for conservation of protected species in the appropriate conservation status, in particular of species of interest to the Community and of protected species of birds, taking into account economic, social and cultural requirements and regional and local features.
Article 53. [ Introduction of protection of species, animals or fungi not protected] The Regional Director of Environmental Protection may introduce on the territory of the voivodship, for a limited period, by means of an act of local law in the form of ordinance, protection of plant species, animals or fungi not covered by the protection provided by the provisions of which Article 48-50, as well as the prohibitions applicable to them, selected from among the prohibitions referred to in Article 4 (1) of the Regulation. 51 (1) 1 and 1a and Art. 52 par. 1 and 1a, as well as derogations from the prohibitions selected from among the derogations referred to in Article 3 (1) and (1a). 51 (1) 2 and Article 52 par. 2.
Article 54. [ Gripping or killing wild animals] 1. Chwying or killing of wild animals referred to in art. 49 point 1 (a) a and b, may not be performed using large-scale or non-selectively-active devices, means or methods that may cause local disappearance or serious disturbance in the population of such animals and, in particular, by:
1) blinded or mutilated animals as decoy;
2) devices reproducing the recordings of the animals ' voices;
3. electrical or electronic equipment capable of killing or stunning;
4) artificial light sources;
5) mirrors and other blinding devices;
6) video devices to facilitate shooting at night, including magnifying or processing the image and illuminating the target;
7) explosives;
(8) non-selectively operating networks;
(9) non-selectively operating traps;
10) Kush;
11) poisons or baits poisoned or containing tranquilisers;
12) gases and fumes used for the expulsion;
13. automatic or semi-automatic weapons with a storage room that shall contain more than 2 cartridges;
14) aircraft;
15) motor vehicles in motion;
16) saddles, sticky and hooks;
17) boats conducted at a speed of more than 5 kilometres per hour.
2. The ban referred to in paragraph. Paragraph 1 shall not apply to catches of fish by the manufacture in water of an electric field which is characteristic of direct current or impulse.
Article 55. [ Delegation] The Minister for Environment will determine, by regulation, the methods of ringing the birds, the patterns of rings and the materials from which the rings can be made, with the need to protect the birds from uncontrolled and improper Ring-ring.
Article 56. [ Derogations from prohibitions] 1. The General Director of Environmental Protection may authorise the following species:
1. subject to strict protection, to operations subject to the prohibitions referred to in Article 3 (1) of the EC 51 (1) 1 point 9 and paragraph. 1a, point 4, and Article 1 52 par. 1 points 1, 3, 11 and 16 and paragraph. 1a points 1, 7 and 8;
(2) subject to strict and partial protection, to acts subject to the prohibitions referred to in Article 3 (2). 51 (1) 1 and 1a and Art. 52 par. 1 and 1a, if the authorisation concerns an area beyond the limits of two voivodships, or if it is related to actions undertaken by the Minister of the Environment, including the implementation of the conservation and sustainable programme the use of biological diversity, protection programmes of endangered species or international agreements.
2. The Regional Director of Environmental Protection in the area of its activity and in the maritime areas may authorise the species:
1. covered by partial protection-for operations subject to the prohibitions referred to in Article 3. 51 (1) 1 and 1a and Art. 52 par. 1 and 1a;
2. subject to strict protection, on operations subject to the prohibitions referred to in Article 3 (2). 51 (1) 1 points 1 to 8, 10 and 11 and paragraph 11. 1a points 1 to 3 and 5 and Article 1 52 par. 1 points 2, 4 to 10 and 12 to 15 and paragraph 1 1a points 2 to 6.
2a. In the case referred to in paragraph. 2, in relation to marine areas, the local property of the Regional Director of Environmental Protection shall be determined along the coast in the area of the given voivodship.
2b. The Minister of Environmental Affairs in the area of the national park may, after consulting the director of the national park, authorise the species covered by the protection for acts subject to the prohibitions referred to in art. 51 (1) 1 and 1a and Art. 52 par. 1 and 1a.
3. (repealed)
4. The permits referred to in paragraph. 1, 2 and 2b, subject to paragraph 1. 4c, 4d and 5 may be issued in the absence of alternatives, where they are not detrimental to the preservation in the appropriate state of protection of the wildly present populations of protected species of plants, animals or fungi, and:
1) are in the interest of protecting the wild species of plants, animals, fungi or the conservation of natural habitats or
2) result from the need to limit serious damage to agricultural crops, livestock, forests, fish stocks, water or other types of property, or
3) lie in the interests of health or of universal security, or
4) are necessary in the implementation of scientific research, educational activities or objectives related to the reconstruction of the population, reintroduction of plant species, animals or fungi, or for the purposes of reproductive activities, including for artificial reproduction of plants, or
5. they allow, under strictly controlled conditions, selectively and to a limited extent, harvesting, harvesting or holding specimens of plants or fungi and grabbing, obtaining or keeping specimens of animals of protected species in number as determined by the issuing authorisation, or
6. in the case of species covered by the strict protection, species of birds and species listed in Annex IV to Council Directive 92/43/EEC of 21 May 1992 (1). on the conservation of natural habitats and of wild fauna and flora, result from the necessary requirements of an overriding public interest, including requirements of a social or economic nature, or of requirements relating to beneficial effects of a basic nature environmental significance, or
7. in the case of species other than those mentioned in point 6, arise from the legitimate interest of the party or the necessary requirements of an overriding public interest, including requirements of a social or economic nature or of the requirements relating to the beneficial effects of the essential for the environment.
4a. The condition for issuing the permit referred to in paragraph. In the case of avian species, point 6 applies only to the authorisation of habitat or ointment, which is an area of breeding, rearing, resting, migration or feeding.
4b. The condition for issuing the permit referred to in paragraph. Article 4 (2), in the case of avian species, concerns damage to cereals, livestock, forests, fish or water.
4c. Permits to activities subject to prohibitions in respect of the species of birds referred to in the Article. 52 par. In the absence of alternative solutions, paragraph 13 may be issued where these operations are not detrimental to the preservation in the appropriate state of protection of the wild species of protected species of animals.
4d. Licences for activities subject to the prohibitions referred to in Article 51 (1) 1 point 9 and paragraph. 1a, point 4, and Article 1 52 par. 1 point 11 and paragraph. Point 7 (a) may be issued if these operations are not detrimental to the preservation in the appropriate state of protection of the wildly present populations of protected species of plants, animals or fungi.
5. Permits to sourcing of plants, animals or fungi of species referred to in art. 48 point 1 letter c, art. 49 point 1 (a) c and Art. Article 50 (1) (c) may be issued if it is not detrimental to the preservation in the appropriate state of protection of the wild population of protected species of plants, animals or fungi.
6. The permits referred to in paragraph. 1, 2 and 2b may be issued at the request containing, as appropriate:
1. the name and address or the name and registered office of the applicant;
2. the objective of the implementation of the proposed action;
3) a description of the activity for which the permit may be issued;
4) the name of the species or species which will be affected by the action, in Latin and Polish, if the Polish name exists;
5) the number or quantity of the individuals to whom the application is requested, if possible to establish;
6) an indication of the manner, methods and used devices used to capture, weave or kill animals or the manner of harvesting of plants and fungi or the manner of carrying out other activities for which the permit may be issued, and the place and time of execution the activities and risks involved;
7) an indication of the entity that will catch or kill the animals.
7. The permits referred to in paragraph. 1, 2 and 2b, respectively, shall contain:
1. the name and address or the name and registered office of the applicant;
2) the name of the species or species which will be affected by the action, in Latin and Polish, if the Polish name exists;
(3) the number or quantity of the individuals to whom the authorisation is authorised, where this is possible to establish;
4) a description of the activities for which the authorisation is issued;
5. an indication of the authorised methods and methods of capture, the harvesting or killing of animals, or the methods of harvesting of plants and fungi or of the means of carrying out other activities for which authorisation is issued;
6) determination of the time and place of execution of the tasks to which the permit applies;
7) an indication of the entity that will grasp or kill the animals;
8) determination of the time limit for the submission of information on the use
9) the conditions of implementation resulting from the protection needs of the populations of protected species of plants, animals or mushrooms and their habitats.
7a. The authorities competent to issue the authorisations referred to in paragraph 1. 1, 2 and 2b shall check compliance with the conditions laid down in the permits issued by them.
7b. Control activities shall be carried out by persons holding an imine authorisation issued by the authorities competent to issue the authorisations referred to in paragraph 1. 1, 2 and 2b.
7c. The authorisation referred to in paragraph 1. 7b, contains an indication of the person authorised to carry out the control activities, the place and extent of the control and the legal basis for the exercise thereof.
7d. Prior to the operation of the control activities, the person authorised to carry out them shall be obliged to present the authorisation referred to in paragraph 1. 7b.
7e. The persons authorised to carry out the control activities shall have the right to:
1. access to the premises belonging to the controlled entity;
2) requests for written or oral information related to the subject of control;
3) inspection of documents relating to the subject matter of the inspection, the drawing up of copies, extracts or copies, and the security of such documents.
7f. The entry into the premises belonging to the controlled entity and the execution of the control activities shall be carried out in the presence of the owner or holder of the property.
7g. The person performing the control activities shall draw up a protocol from those activities.
7h. The protocol is signed by the person performing the control activities and the controlled entity.
7i. In the case of refusal of the protocol to be signed by the controlled entity, the protocol shall only sign the person performing the control activities by making an annotation in the protocol of the refusal of the protocol to sign the protocol.
7j. The authorisations referred to in paragraph 1. 1, 2 and 2b, shall be withdrawn if the holder of the authorisation does not fulfil the conditions laid down therein.
7k. Confirmed by an appropriate certificate or exemption from prohibitions issued on the basis of Council Regulation (EC) No 338/97 of 9 December 1996. on the protection of species of wild fauna and flora by regulating trade therein (Dz. Urz. EC L 61 of 03.03.1997, p. 1, from late. zm.) shall be treated in respect of specimens of species for which they have been issued as an exemption equivalent to that of a paragraph. 1, 2 and 2b, if it concerns the prohibition:
1) the detention of dead specimens of species;
(2) possession, donations, transport, entry or export through the intra-Community border of the State and the activities which have been released in that exemption for specimens of species.
8. The Regional Director of Environmental Protection shall report to the General Director of the Environment by 31 January of each year the report issued in the previous year of the authorisations referred to in paragraph. 2, containing the information referred to in paragraph 1. 7 points 2 to 7, as well as information on the use of permits and the results of checks on compliance with the conditions laid down in those authorisations. The report shall also include information on the authorisation referred to in Article 4. 52 par. 2 point 3.
8a. The General Director of Environmental Protection shall, by 30 June each year, submit the information referred to in paragraph 1. 8, the Minister for Environmental Affairs.
8b. The General Director of Environmental Protection shall report to the Minister responsible for the environment by 30 June each year on the basis of the report issued in the previous year of the authorisations referred to in paragraph 1. 1, containing the information referred to in paragraph 1. 7 points 2 to 7, as well as information on the use of permits and the results of checks on compliance with the conditions laid down in those authorisations. The report shall also contain information on the aid granted to animals under Article 4. 52 par. 2 point 4.
(9) The Minister responsible for the environment prepares and submits to the European Commission the reports on quality protection, the responsibility of which is to be drawn up by the European Union law.
10. The permit referred to in paragraph 1. 1, 2 and 2b, shall be replaced by the decision on the conditions for carrying out the measures referred to in Article 1. 118 (1) 8, if the obligation to obtain such a decision is imposed. The provisions of the paragraph shall be applied mutatis mutandis. 4-5 and 7-8.
Article 56a. [ Derogations from prohibitions in relation to the European beaver, black cormoran and saddle cap] 1. The Regional Director of Environmental Protection may authorise the area of its activity, for a limited period of not more than 5 years, by means of an act of local law in the form of ordinance, in relation to the European beaver, the black cormorant and the heron (a), the Commission shall, in accordance with the procedure laid down in Article 4 52 par. 1.
2. The order referred to in paragraph 2. 1, may be issued in the absence of alternatives, if the activities concerned by the order are not detrimental to the conservation in the appropriate state of protection of the wild population of the species covered by the order, and it is in the the interest of health or of general safety, or:
1. in the case of black cormoran and saddle cap, this is due to the need to limit serious harm to forests, fish or water;
2) in the case of a European beaver-this is due to the need to limit serious damage to agricultural crops, livestock, forests, fish stocks, water or other types of property.
3. The order referred to in paragraph 1. 1, in the case of black cormoran and saddle cap applies only to the area of fish ponds recognized as breeding rims on the basis of the decision of the Marshal of the voivodship referred to in art. 15 para. 2b of the Act of 18 April 1985. of inland fishing (Dz. U. of 2015 items 652).
4. The order referred to in paragraph 1. 1, specifies:
1) the entities which will perform the tasks to which the order relates, and the conditions which those entities must meet;
2. the name of the species or species concerned by the Ordinance, in Latin and Polish;
3) a description of the activities concerned by the Ordinance;
4) an indication of the permitted methods or means of carrying out the operations to which the order relates;
5. the date and time of the performance of the operations to which the order relates;
6) the area of performance of the activities concerned by the Ordinance;
7) the date of submission and the scope of information about the activities carried out on the basis of the order;
8) the conditions of implementation resulting from the needs of protection of the population of protected species of animals and their habitats.
5. The Regional Director of Environmental Protection shall check the fulfilment of the conditions set out in the issued arrangements referred to in the paragraph. 1. To carry out the audit of the provisions of Article 56 par. 7b-7i shall apply mutatis mutandis.
6. Where changes are made, the conditions referred to in paragraph 1 shall be amended. 2, the regional director of environmental protection shall amend or repeal the order referred to in paragraph 2. 1.
7. The entities which have carried out activities on the basis of the ordinance referred to in paragraph. 1, shall provide the regional environmental director with information about the activities carried out, within the scope and time limits specified in that Ordinance.
8. The Regional Director of Environmental Protection shall report to the General Director of the Environment by 31 January of each year the report issued in the previous year, as referred to in paragraph. 1, containing the information referred to in paragraph 1. 4, as well as information on the activities carried out on the basis of the orders and the results of the checks on compliance with the conditions set out in those arrangements.
Article 57. [ Protection programmes of species at risk of extingil] 1. The General Director of Environmental Protection develops protection programs at risk of extinctions of plant species, animals and fungi.
2. The programmes referred to in paragraph 1. 1, they shall contain:
1) a description of how protective measures are carried out in order to rebuild populations at risk of extinking species;
2) determination of the time and place of execution of protective measures;
3) an indication responsible for the execution of the protective measures;
4) information on costs and sources of financing.
Article 58. [ Information on accidental capture or killing of animals of species subject to strict protection and derailment] 1. The Regional Director of Environmental Protection shall, by 31 March of each year, communicate to the General Director of the Environment the information for the previous year on the accidental capture or killing of animals of species subject to strict protection and dereliction.
2. On the basis of the information referred to in paragraph. 1, General Director of Environmental Protection shall undertake studies or protective measures, in order to ensure that accidental grabbing and killing does not have a significant negative impact on these species.
(3) Any person who has accidentally captured or killed an animal of a species covered by a strict protection or convulsment, or a State institution which has been informed thereof, shall immediately inform the relevant regional director of environmental protection.
Article 59. [ Initiating and supporting scientific research] Nature protection authorities are required to initiate and support scientific research in the scope of:
1) conservation of natural habitats;
2) conservation of plant habitats and habitats of species protected;
3) the protection of animals engaged in a migratory way of life and their habitats on migratory routes, as well as their places of wintering or nesting;
4) the determination of the volatility of the population of plant and animal species;
5. develop and improve the ways of preventing the damage caused by animals covered by species protection;
6. develop and improve the ways of preventing accidental grabbing or killing of animals subject to species protection;
7) determining the impact of the adverse effects of chemical pollution on the size of the population of plants and species protected by species protection.
Article 60. [ Actions for rescuing species at risk of extinghing] 1. Nature conservation bodies shall take action to save endangered species of plant species, animals and fungi protected by species protection, consisting in the transfer of these species to other sites, eliminating the causes of their threat, taking ex situ protection and creating conditions for multiplication of the situ.
2. If the identified or anticipated changes in the environment threaten or threaten to endanger plants, animals or fungi protected by species protection, the regional director of environmental protection, and in the marine areas General Director of Environmental Protection, is be required, after consulting the relevant regional nature protection council and the landlord or site owner, to take action to ensure the sustainable preservation of the species, its habitat or habitat, to eliminate the causes of the emergence of threats; and the improvement of the conservation status of its habitat or stands.
3. The Regional Director of Environmental Protection may determine and liquidate, by means of an administrative decision:
1) the protection zone of the stands and the positions of the plants covered by the species protection referred to in Article 48 point 1 (d);
(2) the protection zone of the premises, the places of breeding and the regular presence of the animals covered by the species protection referred to in Article 4 (2) of the EC Convention. 49 point 1 (e);
(3) the protection zone of the stands and the positions of the mushrooms covered by the species protection referred to in Article 50 pt. 1 lit. d.
4. The borders of the protection zones referred to in paragraph. 3, means signs with the inscription, respectively: "ostoja of plants", "ostoja animals" or "ostoja fungi" and information: "persons of unauthorised admission to be defended".
5. The Regional Director of Environmental Protection shall keep a register of the protection zones referred to in the paragraph. 3.
6. In the protection zones referred to in paragraph. 3, without the permission of the Regional Director of Environmental Protection, shall be prohibited:
1) the presence of persons, with the exception of the owner of the property covered by the protection zone and the persons holding the management and supervision of the areas covered by the protection zone, and persons performing the works on the basis of the contract concluded with the owner or the manager;
2) cutting trees or shrubs;
3) making changes in water relations, if this is not related to the need to protect individual species;
4) erection of objects, devices and installations.
7. By issuing a permit to derogate from the prohibitions referred to in paragraph. 6, the regional director of environmental protection shall be guided by the requirements of the protection of the stands and the sites of plants, animals or fungi protected by species protection.
Article 60a. [ Ensuring sustainable conservation of natural habitats] If the identified or anticipated changes in the environment threaten or threaten the natural habitats of Community interest, the Regional Director of Environmental Protection and the General Director of Protection in the Marine Areas The environment shall, after consulting the relevant regional nature conservation council and the landlord or the landlord, take action to ensure that these habitats are preserved sustainately, eliminating the causes of the emergence of threats, and improve their conservation status.
Article 61. [ Trade Regulation] 1. The governing body, within the meaning of Council Regulation (EC) No 338/97 of 9 December 1996 (OJ L 31, 7.7.1996, p. on the protection of species of wild fauna and flora by regulating trade therein is the Minister for the Environment, and a scientific authority within the meaning of these provisions is the State Council for Conservation of Nature.
2. Exports of live plants belonging to protected species on the basis of the provisions referred to in paragraph. 1, coming from cultivation shall be permitted on the basis of phytosanitary certificates, under the conditions laid down in those provisions.
3. The application for authorisation of the import of live animals or eggs of species protected under the provisions referred to in the paragraph. 1, an opinion shall be attached, or a veterinary medical certificate, to a veterinarian in the district veterinarian, stating that the importer has satisfied the conditions for the retention of those species, corresponding to their biological needs.
4. An application for authorisation or of a certificate authorising the export of specimens of protected species under the provisions referred to in the paragraph. 1, shall be attached:
1. authorisation to obtain from the environment specimens of species listed in the application, or
2. extract from the breeding documentation or the medical-veterinary certificate of the county veterinarian confirming the birth in the breeding of specimens and their ancestors-in the case of animals, or
3) statement of the applicant on the origin of the specimens of the crop from the crop.
5. The permit or certificate required under the provisions referred to in the paragraph. 1, shall be issued on request, after consultation of the State Nature Conservation Council in the cases specified by the European Union law.
6. The opinion referred to in paragraph 1. 5, the State Council of Conservation of Nature expresses within 14 days from the day of its opinion.
7. The Minister responsible for the environment may refuse to issue the permit or certificate if the importer, exporter or reexporter, provided in the application for the issue of an authorisation or certificate, was convicted by a final judgment of the court for a crime related to infringement of the provisions referred to in paragraph 1. 1, within a period of 3 years from the date on which the judgment is entitled to be passed.
8. The Minister responsible for the environment shall withdraw the permit or certificate if:
1) after its release, the circumstances referred to in the paragraph shall be disclosed. 7, justifying a refusal to issue or
2) the permit or certificate has been used inaccordance with the conditions in it.
Article 62. [ Transport costs] 1. The costs of transport and the maintenance of live specimens of protected species on the basis of the provisions referred to in art. 61 (1) 1, detained by the competent authorities, shall be borne by the Treasury and shall be cleared by the regional director of environmental protection due to the location of the entity to which the retained specimens have been transferred.
2. The specimens referred to in the mouth. 1, may be transferred to botanical gardens, zoological gardens or animal rehabilitation centres.
3. (repealed)
Article 63. [ Register of scientific institutions authorised to carry specimens] 1. The Minister of Environmental Affairs shall keep a register of scientific institutions entitled to carry for scientific purposes across the border of the European Union without the permit issued pursuant to the provisions referred to in art. 61 (1) 1, herbal specimens or museum specimens preserved, dried or otherwise preserved or live in plant material for free exchange, lending or donations.
2. The scientific institution applying for entry in the register shall meet the following conditions:
1) the specimens referred to in paragraph. 1, are collected into collections;
2) the collection is used only for scientific and didactic purposes;
3) the collection consists only of specimens that have been obtained in accordance with the provisions of the Act;
4) the collection is stored under the care of a person appointed by the manager of the scientific institution in conditions preventing its destruction;
5) specimens in the collection shall be marked in such a way as to enable them to be identified;
6) hold a catalogue held in the collection of specimens, detailing the specimens that may be made available by means of free exchange, lending or donation;
7. the catalogue referred to in point 6 shall be made available to the scientific institutions concerned.
3. Entry to the register referred to in paragraph. 1, shall take place at the request of the scientific institution concerned. The application shall be accompanied by a copy of the catalogue of specimens referred to in paragraph 1. 2 (6), and declarations: of the conformity of the copies of the catalogue of specimens with the original and of the fulfilment of the conditions referred to in paragraph 2. 2.
4. The Minister responsible for the environment, after entering the scientific institution into the register referred to in the paragraph. 1, issue a certificate.
5. The scientific institution entered in the register referred to in the paragraph. 1, shall be required to:
1) update the catalogue of specimens referred to in paragraph. 1:
(a) a collection,
(b) transferred to other scientific institutions, entitled under international agreements;
2. to submit to the Minister for the Environment, by 31 January each year, the report for the year to be applied for the free exchange, lending or donations of specimens referred to in paragraph 1. 1, and information on the purpose of the use of the specimens received.
6. The deletion of a scientific institution from the register may take place if the scientific institution no longer fulfils the conditions referred to in the paragraph. 2, or does not update the directory.
7. The crossing over the border of the European Union of the specimens referred to in paragraph 1, requires the label to label the packaging in which the specimens are carried, in accordance with the provisions referred to in art. 61 (1) 1.
8. The Regional Director of Environmental Protection due to the place of the seat of the scientific institution shall check the catalogue updates and meet the conditions referred to in the paragraph. 2.
9. On the results of the regional inspection, the Director of Environmental Protection shall notify the Minister of the Environment concerned within 30 days from the date of completion of the inspection.
Article 64. [ Obligation to notify to the register] 1. The holder of live animals of the species listed in Annexes A and B of Council Regulation (EC) No 338/97 of 9 December 1996. on the protection of species of wild fauna and flora by regulating trade therein, which are included in amphibians, reptiles, birds or mammals, and the operator of their breeding, shall be required to notify them in writing.
2. The obligation to report to the register referred to in paragraph. 1, not applicable:
1. zoos;
2) entities conducting business activities in the scope of trade in live animals of species protected under the provisions referred to in art. 61 (1) 1;
3) temporary detention of animals for the purpose of treatment and rehabilitation.
3. The register referred to in the paragraph. 1, the old-age competent because of the place where the animals are held or their breeding is carried out.
4. The register referred to in paragraph 1. 1, it shall contain the following data:
1. Date:
(a) the entry,
(b) making a change to the data entered in the register,
(c) the removal from the register;
2. the name and address, or the name and seat of the holder or of the breeding operator;
(3) address of the place of holding of animals or of breeding;
(4) the number of animals held or reared;
5) the name of the species in the Latin and Polish languages, if the Polish name exists;
6) the date, place of birth or exclusion of the animal;
7) the date of entry into possession of the animal and the source of its origin;
(8) the sex of an animal, if it is possible to establish;
9) a description of the permanent marking of the animal, if it is marked;
10) the purpose of holding or carrying out the animal husbandry;
11. issue number and date of issue:
(a) authorisation to import the animal into the country or
(b) authorisation to capture an animal in the environment, or
(c) a document issued by a district veterinarian confirming the birth of an animal in a farm, or
(d) another document stating the legality of the animal's origins.
5. The obligation to register or delete from the register arises from the date of acquisition or disposal, entry into the country or export abroad of the state, entry into the possession of the animal, its loss or death. An application for entry or deletion from the register shall be made to the competent starost within 14 days of the date of the establishment of that obligation.
6. A copy of the document referred to in the paragraph shall be attached to the application for registration of the entry. 4 point 11.
7. If the data referred to in paragraph are changed. 4 points 2 to 11, provision of the paragraph. 5 shall apply mutatis mutandis.
8. Entry into the register of the starosta confirms the release of the certificate.
9. The entities referred to in paragraph. Article 2 (2) shall be subject to the holding and transmission of the original or a copy of the document referred to in paragraph 2 with the animal sold. 4 point 11. The copy should be, by the entity selling the animal, accompanied by the number given by the continuous numbering, the date of issue, the stamp and the signature of the seller, the number of animals for which it was issued, and if copied the document relates to more than one species, including their species membership.
10. Costs associated with the marking, in accordance with the provisions referred to in art. 61 (1) 1, the animals referred to in paragraph 1. 1, the holder of the animal or the breeding operator.
Chapter 3
Botanical gardens, zoological gardens and animal rehabilitation centres
Article 65. [ Botanical gardens and zoos] 1. Botanical gardens, zoological gardens and the areas provided for in the local spatial development plan for the expansion of existing ones or the construction of new gardens shall be protected in order to ensure their proper operation and development.
2. The protection referred to in paragraph 2. 1, consists in prohibitions:
1) the erection on the grounds of the botanical or zoological garden of construction works and non-business equipment;
(2) a reduction in the area of the botanical or zoological garden for activities not related to their role and purpose;
3) changes in the grounds of the botanical or zoological garden or in their vicinity of water relations, including the lowering of groundwater level;
4) pollution on the grounds of the botanical or zoological garden or in their vicinity of the surface of the earth, water and air;
5) erection in the vicinity of the botanical garden or the zoological garden of construction works or equipment intended for the carrying out of the production or service activity, affecting the harmful to the natural conditions necessary for the correct the operation of the gardens.
3. The method of using the botanical or zoological garden shall be determined by the rules of the management of the garden.
Article 66. [ Botanical and zoological gardens and landscaping] 1. In the studies of the determinants and directions of spatial development of the communes and local zoning plans, the needs of the functioning and development of existing or designed botanical or zoological gardens shall be taken into account.
2. Wójt, mayor or president of the city before the decision to determine the conditions of the construction or the decision to determine the location of the public target investment in the vicinity of the botanical or zoological garden informs about the planned investment management of the garden which, within 30 days, may raise objections and requests.
3. Paragraph Recipe 2 shall apply mutatis mutandis in the examination of the application for consent to change the use of a construction object situated in the vicinity of a botanical or zoological garden, where this change could have an adverse effect on the the garden.
Article 67. [ Create and conduct a botanical or zoological garden] 1. The creation and operation of a botanical or zoological garden requires the approval of the General Director of Environmental Protection.
2. The permit shall be issued on the application referred to in paragraph 1. 3, after consulting the Regional Director of Environmental Protection due to the location of the botanical or zoological garden, and the opinion of the organization of the representatives of botanical or zoological gardens, expressed in within 30 days from the date of receipt of the request; the non-expression of the opinion within that deadline shall be considered as a positive opinion.
3. The application for authorisation referred to in paragraph 1. 1, it shall contain:
1. the name and address or the name and registered office of the applicant;
2) an indication of the operator of the botanical or zoological garden responsible for its functioning;
(3) the design of the botanical or zoological garden site;
4) an indication of the location and area of the botanical or zoological garden;
5) a description of the scope of activity of the botanical or zoological garden.
4. The application referred to in paragraph 1. 3, be accompanied by:
1) a copy of part of the map of land and buildings covering the records parcels, on which the location of the botanical or zoological garden is designed;
2) extract and inscription from the local spatial development plan concerning the register parcels on which the location of the botanical or zoological garden is designed, or a certificate confirming that the destination of the plots on which the location of the botanical or zoological garden is being designed, it is not contrary to the findings of a study of determinants and directions of spatial development of the municipality;
3) an extract from the land and buildings records concerning the standard parcels, on which the location of the botanical or zoological garden is designed.
5. The permit referred to in paragraph 5. 1, contains:
1. the name and address or the name and registered office of the applicant;
2) an indication of the location and area of the botanical or zoological garden;
3) a description of the scope of activity of the botanical or zoological garden;
4) the conditions for carrying out the activity of the botanical or zoological garden and the time limit within which they are to be fulfilled.
6. The permit shall be issued for an indefinite period. Verification of the conditions referred to in paragraph 1. Article 5 (4) shall be followed after the expiry of the deadline.
Article 68. [ Withdrawal or change of permit] 1. The General Director of Environmental Protection may withdraw or amend the permit referred to in Art. 67 par. 1, if the entity which has obtained this authorisation:
1) does not meet the conditions for carrying out the activities of the botanical or zoological garden;
2) does not respect the scope of activity of the botanical or zoological garden;
3) does not meet the obligations referred to in art. 69 par. 1;
4) does not provide the conditions set out in the provisions referred to in art. 70;
5) shall not delete within the prescribed period, not more than 2 years, the irregularities found as a result of the inspection carried out by the Regional Director of Environmental Protection and other bodies entitled under the separate provisions.
2. If the authorisation referred to in Article 67 par. 1, will be withdrawn, the botanical garden or the zoological garden is being wound up.
3. In the event of the liquidation of the zoological garden, the operator of the garden shall be obliged to ensure that the conditions corresponding to their biological needs are maintained to the animals in place.
4. In the decision to withdraw the authorisation, the time limit for its implementation shall be given and shall indicate the authority supervising the liquidation of the botanical or zoological garden.
Article 69. [ Obligations of the authorised entities] 1. To the obligations of the entities which have obtained the authorisation referred to in art. 67 par. 1, it shall be:
1) participation in scientific research, which are aimed at protecting endangered species in the free state;
2) education in the field of species protection of plants, animals and mushrooms, taking into account the protection of biodiversity;
3. carrying out plant crops and breeding animals of species at risk of extinking, with a view to their ex situ conservation and subsequent introduction into the natural environment within the framework of the conservation programmes of these species;
4) the holding of plants or animals in conditions corresponding to their biological needs;
5. conduct of breeding documentation.
2. The documentation of the breeding referred to in paragraph 1. The following data shall be included in point 5:
1. Date:
(a) the entry,
(b) to amend the data,
(c) the deletion of the breeding documentation;
2) the number of animals held;
3) the name of the species in the Latin and Polish languages, if the Polish name exists;
(4) the date and place of birth or exclusion of the animal;
5) the date of entry into possession of the animal and the source of its origin;
6. the sex of an animal, if it is possible to establish;
7) a description of the permanent marking of the animal, if it is marked;
(8) the number and date of issue of the authorisation to import the animal into the country or to allow it to be obtained or of another document stating the legality of its origin.
Article 70. [ Delegations] The Minister for the Environment shall determine, by means of a regulation, the conditions for the breeding and maintenance of individual groups of animal species in the zoo, including:
(1) the necessary premises and equipment for the technical equipment of the places of residence of the animals of the species or groups of species,
2. the minimum spatial conditions for the breeding and keeping of animals of the species or groups of species,
(3) the necessary conditions for the reproduction of animals of the species or groups of species concerned
-guided by the need to ensure that animals reared and maintained in zoological gardens meet the biological needs of the species or groups of species concerned.
Article 71. [ Zoos] Animals shall be kept in zoos and shall be kept in zoos:
1) born and raised outside the natural environment;
2) which outside the garden do not have a chance to survive;
3) if the protection of the population or species or the pursuit of scientific purposes so requires.
Article 72. [ Animals in zoos] 1. Only those animals which can be found in the garden to meet the biological needs of the species in the garden shall be reduced to zoos.
2. Animals in zoos shall not be reproduced if their offspring are not provided with proper breeding and maintenance conditions.
Article 73. [ Forbidden species associated with species dangerous to life and human health] 1. It is forbidden to:
1) holding and holding,
2) bringing in from abroad,
3. sale, exchange, hire, donation and lending to entities which are not entitled to have them
-live animals of dangerous species for human life and health.
2. The prohibitions referred to in paragraph. Points 1 and 2, do not apply to zoos, circuses and scientific establishments in the field of animal research and the prohibitions referred to in paragraph 1 (1) and (2). 1 point 1 shall not apply to animal rehabilitating centres.
3. Species of dangerous animals for human life and health are included in:
1. Category I-comprising the most dangerous species or groups of animal species which, on grounds of natural aggressiveness or biological properties, may constitute a serious threat to the life or health of humans;
2. Category II-including other species or groups of species of dangerous animals for human life and health.
4. In relation to animals of species classified in category II, the regional director of environmental protection competent for the purposes indicated in the application referred to in paragraph. 5, the place of their detention may permit derogations from the prohibitions referred to in paragraph 1. 1 (1) and (2).
5. The permit referred to in paragraph 5. 4, may be issued on request, which shall include:
1. the name and address or the name and registered office of the applicant;
2) the name of the species in the Latin and Polish languages, if the Polish name exists;
(3) the number of individual species concerned by the application;
4) an indication of the place of detention of the animals to which the application relates;
5. the certificate of the district veterinarian, stating that the applicant complies with the conditions for the detention of animals of the species dangerous for the life and health of the persons concerned, and to prevent their escape or accidental contact with the persons, as well as the fulfilment of the conditions referred to in the provisions issued on the basis of the mouth. 11 point 2.
6. The permit referred to in paragraph 1. 4, contains:
1. the name and address or the name and registered office of the applicant;
2) the name of the species in the Latin and Polish languages, if the Polish name exists;
(3) the number of individual species to which the authorisation applies;
4. an indication of the place of detention of the animals to which the authorisation applies.
(7) The Regional Director of Environmental Protection due to the place of detention of the animals may carry out a check on the conditions referred to in the provisions of the provisions adopted on the basis of the mouth. 11 point 2; the provisions of Article 1 77 par. 3-13 shall apply mutatis mutandis.
8. If the check referred to in paragraph 7, it shall demonstrate that the holder of the animal does not fulfil the conditions referred to in the provisions of the paragraph. 11 point 2, the regional director of environmental protection calls for the removal of irregularities within 14 days.
9. In the event of failure to remove the irregularities referred to in paragraph. 8, the competent regional director of environmental protection shall issue a decision to withdraw the authorisation referred to in paragraph 1. 4.
10. To animals held on the basis of the permit referred to in paragraph. 4, the provisions of Article 4 shall apply mutatis mutandis. 64 par. 1 and 3-8, with a copy of the authorisation referred to in paragraph 1 to the application for entry in the register. 4.
11. The Minister responsible for the environment will determine, by means of a regulation:
1. the species or groups of animal species included in the categories referred to in paragraph 1. 3,
2) conditions for the detention of individual species or groups of species of animals of dangerous species for human life and health,
3) ways of marking animals of dangerous species for human life and health
-guided by the need to protect people against the dangers caused by animals of dangerous species for human life and health.
Article 74. [ The transfer to the natural habitat of plants or animals of species at risk of extingil] 1. The transfer from the botanical garden or the zoo to the natural habitat of plants or animals of endangered species occurs after obtaining the consent of the General Director of Environmental Protection.
2. The permit referred to in paragraph 2. 1, it shall appear on request, which shall include:
1. the name and address or the name and registered office of the applicant;
2) the name of the species in the Latin and Polish languages, if the Polish name exists;
3) the way in which the planned project is implemented and evaluated;
4) the number or number of individuals to whom the application relates;
5) the term, place and manner of transfer of plants or animals to the natural environment.
3. The permit referred to in paragraph 1. 1, contains:
1. first name, surname, address or name and seat of the applicant;
2) the name of the species in the Latin and Polish languages, if the Polish name exists;
3) the number or quantity of the individuals to whom the permit applies;
4) the term, place and manner of transfer of plants or animals to the natural environment;
5. the time limit for the submission of the information on the use
6) the conditions of implementation resulting from the needs of protection of the population of plant species or animals and their habitats.
Article 75. [ Animal Rehabilitation Centre] 1. The establishment and maintenance of an animal rehabilitation centre, hereinafter referred to as the "centre", shall be subject to the approval of the General Director of the Environment.
2. The permit referred to in paragraph 2. 1, it shall appear on request, which shall include:
1. the name and address or the name and registered office of the applicant;
2) the location of the site;
3) a description of the premises for the treatment and rehabilitation of animals;
4) a list of species or groups of species of animals that can be treated and rehabilitated at the centre, containing the name of the species or higher units of the systematic groups of species in Latin and Polish, if the Polish name exists;
5) indication of the person responsible for the operation of the centre;
6. information on the possibility of providing medical and veterinary care;
7) the opinion of the local council of the municipality.
3. The permit referred to in paragraph 1. 1, contains:
1. the name and address or the name and registered office of the applicant;
2) the location of the site;
3) a list of species or groups of species of animals that can be treated and rehabilitated at the centre, containing the name of the species or higher units of the systematic groups of species in Latin and Polish, if the Polish name exists;
4) determination of the scope and deadline for submission of information about the use of the permit
4. The General Director of Environmental Protection shall refuse to issue an authorisation if the applicant does not meet the conditions for treatment and rehabilitation of animals corresponding to the biological needs of the species concerned.
5. The permit referred to in paragraph 5. 1, may be withdrawn by the General Director of the Environmental Protection in the event of failure to meet the conditions of treatment and rehabilitation of animals corresponding to the biological needs of the species concerned or the non-removal, as designated by the General Director Protection of the environment of the term, irregularities found as a result of the inspection carried out by the Regional Director of Environmental Protection.
6. Where the authorisation referred to in paragraph 1 is to be authorised. 1, will be undone, the site is being wound up.
7. In the event of liquidation of the centre, the person responsible for the operation of the centre shall be obliged to provide the treated and rehabilitated animals there with the conditions corresponding to their biological needs.
Article 76. [ Conditions of residence of animals in the centre] 1. Pets eligible for treatment and rehabilitation in the resort may not be sold.
2. Conditions of residence of animals at the centre should correspond to the biological needs of the animals during the period of their treatment and rehabilitation.
3. The Regional Director of Environmental Protection can subsidise the treatment and rehabilitation of animals from their own resources in centres.
Article 77. [ Control of botanical gardens, zoological gardens and centres] 1. The Regional Director of Environmental Protection due to the location of the botanical garden, the zoo or the centre shall carry out inspections of botanical gardens, zoological gardens and centres in terms of their activities.
2. The audit referred to in paragraph 2. 1, not less than once every 3 years, shall be carried out by the Regional Director of the Environment on his own initiative or at the request of the General Director of the Environment.
3. Control activities shall be carried out by persons holding an imiennial authorisation issued by the Regional Director of Environmental Protection.
4. The authorisation referred to in paragraph 4. 3, it shall include an indication of the person authorised to act, an indication of the botanical garden, the zoological garden or the centre to be controlled, the scope of the control and the legal basis for its implementation.
5. Prior to any inspection, the person authorised to carry out his duties shall be obliged to prove the authorisation referred to in paragraph 1. 3.
6. The persons authorised to perform the control activities shall have the right to:
1) entrance to the grounds of the botanical garden, the zoo or the resort;
2) requests for written or oral information related to the subject of control;
3) inspection of documents relating to the subject matter of the inspection, the drawing up of copies, extracts or copies, and the security of such documents.
7. The person performing the control activities shall draw up a protocol from those activities.
8. The protocol shall be signed by the person performing the control activities and the controlled entity.
9. In the case of refusal to sign the protocol by a controlled entity, the protocol shall be signed only by the person performing the control activities, making the protocol of the relevant annotation of the refusal of the protocol by the controlled entity.
10. The protocol referred to in paragraph 1. 7, together with the audit recommendations, the regional director of environmental protection shall transfer to the inspected entity and the General Director of the Environment within 14 days from the date of completion of the inspection.
(11) The controlled entity shall have the right to raise motivated reservations as to the findings of the results of the checks and the recommendations of the audit to the General Director of the Environment.
12. Reasoned objections must be made in writing within 14 days from the date of receipt of the results of the control and the post-control recommendations.
13. The General Director of the Environment shall, within 14 days of receiving the reasoned objections, take account of them or refuse to take account of them.
Chapter 4
Protection of greenery and revelations
Article 78. [ greenery and netting] The municipal council is obliged to assume and maintain in due state the areas of greenery and revelations.
Article 79. (repealed)
Article 80. 1. (repealed)
2. (repealed)
Article 81. [ Municipal Park] The area is located outside the area of towns and villages with a compact structure, covered with trees and not protected under the Act of 23 July 2003. on the protection of monuments and the care of monuments, the municipal council may regard as a municipal park, if it is the property of the municipality, and if it is owned by another entity-with the consent of the landlord.
Article 82. (repealed)
Article 83. [ Removal of a tree or shrub from the property] 1. Removal of a tree or shrub from the property area may occur after obtaining a permit issued on request:
1) the property holder-with the consent of the owner of this property;
2) the owner of the devices referred to in art. 49 § 1 of the Act of 23 April 1964. -Civil Code (Dz. U. of 2014 items 121, of late. zm.), hereinafter referred to as "Civil Code"-if a tree or a shrub threatens the functioning of these devices.
2. The consent of the owner of the property referred to in the mouth. 1 point 1, shall not be required in the case of an application submitted by:
1) a housing cooperative;
2) the housing community, in which the owners of the premises entrusted the Management Board with a joint management, in accordance with the Act of 24 June 1994. about the ownership of the premises (Dz. U. 2000 r. Nr 80, pos. 903, 2004 No. 141, pos. 1492 and of 2015 items 1168);
3) the administrator of the property owned by the State Treasury.
3. The consent of the owner of the property referred to in the mouth. 1 point 1 shall not be required also in the case of an application filed by the perpetual user or the holder of the property of an unregulated legal state which is not the entity referred to in paragraph. 2.
4. The housing cooperative informs, in a customary manner, the members of the cooperative, the owners of the buildings or premises which are not members of the cooperative and persons other than members of the cooperative, who are entitled to the cooperative's ownership rights to premises, and the management board of the housing community-members of the community, of their intention to submit an application for authorisation to remove a tree or shrub, setting a minimum of 30-day deadline for submitting comments. The application may be submitted no later than 12 months after the deadline for submission of comments has expired.
Article 83a. [ Permit to remove tree or shrub] 1. Permission to remove a tree or shrub from the property shall be issued by the mayor, mayor or president of the city, and in the case where the permit concerns the removal of a tree or a shrub from the property of the property entered in the register of monuments-voivodships Monument conservator.
2. Permit to remove a tree in the paway of a public road, excluding foreign poplar species, shall be issued after agreement with the regional director of environmental protection.
3. Permit to remove a tree or shrub in areas protected by landscape protection within the national park or nature reserve shall be issued after agreement with the director of the national park or the regional director of environmental protection respectively.
4. The authority competent to issue the authorisation referred to in paragraph 4. 2 and 3 shall, without delay, submit to the agreement the draft authorisation together with the file of the case, including photographic documentation of the tree or shrub.
5. If necessary, the regional director of the environment or the director of the national park shall be notified of the initiation of the procedure.
6. Failure to express a position within 30 days, and, in the case of an investigation, 60 days, from the date of receipt of the draft authorisation referred to in paragraph. 2 and 3, by the requested authority, shall be considered as agreeing an authorisation.
7. If the number of parties to the proceedings for authorization to remove a tree or shrub exceeds 20, the provision of art shall apply. 49 of the Act of 14 June 1960. -Administrative Code of Conduct.
Article 83b. [ Application for authorisation to remove a tree or shrub] 1. The application for authorization to remove a tree or shrub contains:
1. the name and address or the name and seat of the holder and the owner of the property or of the owner of the facilities referred to in Article 49 § 1 of the Civil Code;
2) a statement of the possession of the legal title of the property, or a statement of the possession of the ownership of the facilities referred to in art. 49 § 1 of the Civil Code;
3) the consent of the owner of the property, if required, or a declaration of release of the information referred to in art. 83 (1) 4;
4) the name of the species of the tree or shrub;
5) circumference of the trunk of the tree measured at a height of 130 cm, and in the case when at this height the tree:
(a) has several pni-the perimeter of each of the pni,
b) there is no trunk-the circumference of the trunk directly below the crown of the tree;
6) the size of the surface from which the shrub will be removed;
7) the place, cause, date of intended removal of the tree or shrub, and an indication of whether the removal is due to the purpose of the business activity;
(8) a drawing, a map or a designer having the appropriate building authority for the use of a plot of land or land in the case of execution of the investment for which it is required in accordance with the Act of 7 July 1994. -Building law-defining the location of a tree or shrub in relation to the boundaries of real estate and construction works existing or designed on this property;
9. draft plan:
(a) replacement plantings, understood as planting of trees or bushes, not less than the number of trees removed or less than the surface of the shrubs removed, constituting a natural compensation for the trees and shrubs being removed within the meaning of Article 3 point 8 of the Act of 27 April 2001. -Environmental law or
(b) replanting of a tree or shrub
-if they are planned, carried out in the form of a drawing, a map or a land or land development project, and an indication of the number, species or variety of trees or shrubs and the place and the planned date of their implementation;
(10) a decision on environmental conditions or an order to agree on the conditions for implementing a project in terms of the impact on the Natura 2000 site, in the case of the implementation of the project for which it is required to obtain in accordance with the Act of 3 October 2008. on the provision of information on the environment and its protection, public participation in environmental protection and environmental impact assessments, and a reconciliation provision issued by a competent regional director of environmental protection within the framework of a reassessment of the environmental impact if it is required or has been carried out at the request of the undertaking;
11. Permit to species protected on activities subject to the prohibitions referred to in Article 51 (1) 1 points 1 to 4 and 10 and in Article 10 52 par. 1 points 1, 3, 7, 8, 12, 13 and 15, if issued.
2. The certificates referred to in paragraph 1. 1 points 2 and 3, shall consist of a penalty of criminal liability for making false statements.
Article 83c. [ Obligations of the competent authority to authorise the removal of a tree or a shrub] 1. The authority competent to issue an authorisation to remove a tree or shrub before its release shall make a visual inspection in respect of the occurrence within their protected species.
2. Where it is found that the removal of a tree or shrub will cause a violation of the prohibitions in relation to protected species, the proceedings shall be suspended pending the submission of an authorisation for activities subject to prohibitions in relation to those species.
3. The issue of a permit to remove a tree or shrub may be made dependent on the replacement or replanting of that tree or shrub, determined by the authority.
4. The body, issuing a permit to remove a tree or a bush subject to the execution of surrogate plantings, shall take into account in particular the availability of places for surrogate plantings and the following characteristics of the tree or bush removed:
1) the natural value, including the size of the tree or the surface of the shrubs and the functions which they perform in the ecosystem;
2) cultural value;
3) landscape valors;
4) location.
5. The body, issuing the permission to remove the tree or bush dependent upon the replanting of this tree or shrub, shall take into account in particular the availability of the places to be relocated and the following features of the exagulated tree or shrub:
1) size, including volume of root lump and height;
2) the shape of the root system;
(3) condition;
4) the length of the period of preparation of it for the exagation.
Art 83d. [ Permit to remove tree or shrub] 1. Permit to remove a tree or shrub determines:
1. the name and address or the name and registered office of the applicant;
2) the place of removal of the tree or shrub;
3) the name of the species of the tree or shrub;
4) circumference of the trunk of the tree measured at a height of 130 cm, and in the case when at this height the tree:
(a) has several pni-the perimeter of each of the pni,
b) there is no trunk-the circumference of the trunk directly below the crown of the tree;
5) the size of the surface from which the shrub will be removed;
6) the height of the fee for the removal of the tree or shrub;
7) deadline for removal of the tree or shrub.
2. In the case of addiction of the permit to remove a tree or shrub from the execution of surrogate plantings, the permit shall specify in addition:
1) the place of plantings;
2) the number of trees or the size of the shrub surface;
3) the minimum circumference of the tree trunks at a height of 100 cm or the minimum age of shrubs;
4. the species or variety of trees or shrubs;
5. the term of the plantings;
6) the time limit for the submission of information on the execution of plantings.
3. In the case of addiction of the permit to remove a tree or shrub from the replanting of this tree or shrub, the permit shall specify in addition:
1) the place on which the tree or shrub will be exagorated;
2) the term of the replanting of a tree or a shrub;
3) the deadline for the submission of information on the replanting of a tree or a shrub.
4. In the case of an addiction to a permit to remove a tree or a bush from the execution of surrogate plantings or from the sifting of that tree or shrub, this permit may specify in addition the technical conditions of planting or replanting of the tree or of the bush.
5. If the cause of removal of a tree or shrub is the realization of the investment requiring obtaining a demolition permit or building permit, the permission to remove the tree or the bush may be made subject to the permit for the demolition or construction permits which interfere with the trees or shrubs which are subject to authorisation. The provision shall not apply to the linear investment of the public objective.
6. In the permit to remove a tree or shrub, the authority shall take into account the conditions set out in the decision, the order and the authorisation referred to in the Article respectively. 83b par. 1 points 10 and 11.
Art. 83e. [ Compensation for removing a tree or shrub] 1. Removal of a tree or shrub from the property area, at the request of the owner of the equipment referred to in art. 49 § 1 of the Civil Code, follows the compensation to the owner of the property, and in the case when the property is established the right of perpetual usuup-for the user of perpetual property. The compensation is due to the owner of the equipment.
2. The determination of the amount of compensation per tree or shrub and for their removal shall be made by means of a contract of parties.
3. In the event that the parties fail to enter into the contract within 30 days from the date of removal of the tree or shrub, the compensation shall be determined by the authority which issued the permit to remove them by applying the provisions of the Act of 21 August 1997. the real estate economy for reparation for property expropriation.
Article 83f. [ Exemption of application of the law] 1. Rules of the art. 83 (1) 1 shall not apply to:
1) shrubs the age of which is not more than 10 years old;
2) shrubs in areas covered with vegetation with ornamental functions, arranged in terms of the distribution and selection of plant species, excluding shrubs in the road of the public road, on the property of the property entered in the register monuments, and in green areas;
3) trees whose circumference of the trunk at a height of 5 cm does not exceed:
(a) 35 cm-in the case of poplar, willow, common chestnut, ash-spring maple, silver maple, acacia made and maple platan,
(b) 25 cm in the case of other tree species;
4) trees or shrubs on plantations or in forests within the meaning of the Act of 28 September 1991. Forests;
5) fruit trees or shrubs, excluding the growing on the property of the property entered in the register of monuments or in green areas;
6) trees or shrubs removed in connection with the operation of botanical or zoological gardens;
7) trees or shrubs removed from the decision of the competent authority from the areas between the shore line and the flood shaft or natural high coastline in which the route of the flood shaft was built, from the flood shaft and land at a distance of less than 3 m from the rate of the shaft;
8) trees or bushes that make it difficult to see the signals and trains, and make it more difficult to operate railway equipment or cause snow plating on the track, to be removed on the basis of the decision of the competent authority;
(9) trees or shrubs constituting an aerial obstacle to be removed on the basis of a decision of the competent authority;
10) trees or shrubs removed on the basis of the decision of the competent authority due to the needs associated with the maintenance of the water melioration devices detailed;
11) trees or shrubs removed from the area of a national park or a nature reserve not covered by landscape protection;
12) trees or shrubs removed as part of the tasks resulting from the conservation plan or conservation tasks of a national park or nature reserve, a landscape park conservation plan, or a plan of conservation tasks or a conservation plan for the Natura 2000 site;
13) carrying out rescue operations by fire protection units or other appropriate services legally appointed to assist persons in emergencies of life or health;
14) trees or shrubs which constitute scraps or shrubs removed by:
a) the fire protection units, units of the Armed Forces of the Republic of Poland, the owners of the devices referred to in art. 49 § 1 of the Civil Code, road managers, railway infrastructure managers, communal or district purification units or other entities operating in this regard on the order of the municipality or district,
(b) other entities or persons, after inspection by the authority competent to authorise the removal of a tree or shrub, confirming that the trees or shrubs are scrap or subverted shrubs;
15) trees or shrubs belonging to alien species, specified in the regulations issued on the basis of art. 120 (1) 2f.
2. In the cases referred to in paragraph. 1 point 13 and point 14 (a), the entities referred to in those provisions shall, within 30 days of the date of removal of the tree or shrub, transfer to the competent authority the authorisation of the removal of the tree or shrub, the time limit, the place and the reason for their removal the removal and number of trees or surface of removed shrubs, as well as photographic documentation depicting the removed tree or shrub.
3. From the visual inspection referred to in paragraph. Point 14 (b) of the Protocol shall be drawn up. The protocol shall indicate, in particular, the time, place and cause of the removal of the tree or shrub, and the number of trees or shrubs removed, and shall be accompanied by a photographic documentation presenting the deleted tree or shrub.
Article 84. [ Fee for the removal of a tree or shrub] 1. The property holder shall bear the fee for the removal of the tree or shrub.
2. The fees shall be charged in the permit to remove the tree or shrub and collected by the authority competent to issue that permit.
3. In the case of calculation of the fee for the removal of a tree or shrub and the addiction of the issuance of a permit to remove a tree or shrub from the replanting of this tree or shrub or the execution of surrogate plantings, the authority competent to issue the permit shall depart the time limit for payment of the fee for its removal for a period of 3 years from the date of expiry of the period indicated in the authorisation for the oversifting or the execution of replacement planting.
4. If exagperated or planted trees or shrubs have retained the life after the expiry of the period referred to in paragraph. 3, or have not kept the viability due to reasons beyond the control of the property holder, the charge on the fixed fee for the removal of trees or shrubs shall be remitted.
5. If exagperated or planted trees or shrubs, or some of them, have not kept the service life after the expiry of the period referred to in paragraph. 3, for reasons attributable to the holder of the property, the charged charge shall be converted in a manner commensurate with the number of trees or the surface of the shrubs which have not kept the service life.
6. Decisions on the matters referred to in paragraph 4 and 5, they may be issued before the expiry of the period referred to in paragraph. 3, if exagperated or planted trees or shrubs have not kept alive before the end of this period.
7. In the event of failure to carry out the surrogate planting referred to in paragraph. 3, or parts thereof, according to the permit to remove the tree or shrub, the charged charge is converted in a manner commensurate with the number of trees or the surface of the shrubs which have not been executed according to the permit.
8. Decisions on the matters referred to in paragraph 4, 5 and 7 shall issue an authority competent to authorise the removal of a tree or a shrub.
Article 85. [ Rates of fees for removal of trees and shrubs] 1. The payment for the removal of the tree shall be determined on the basis of the rate dependent on the circumference of the trunk measured at the height of 130 cm and from the rate of growth of the tree trunk on the thickness of the individual types or species of trees and the coefficients differing rates in Dependencies on the tree location.
2. If the tree at a height of 130 cm:
1) has several trunks-for the circumference of the tree trunk, the sum of the circumference of the trunk with the largest circumference and the half of the perimeter of the other trun
2) does not have a trunk-behind the circumference of the tree trunk, the circumference of the trunk is measured directly below the crown of the tree.
3. The payment for the removal of the bush shall be determined on the basis of the rate for the removal of one square metre of the surface covered by the bushes and the coefficients differing rate depending on the location of the bush.
4. The size of the horizontal projection of the horizontal shrub shall be used for the size of the surface covered by the shrubs.
5. [ 3] The rate of charge for the removal of trees shall not exceed per centimetre of the circumference of the trunk measured at a height of 130 cm:
1) 97,88 zł-in the case of a trunk circumference of up to 25 cm;
2) 342,56 zł-in the case of a trunk circumference ranging from 26 to 50 cm;
3) 648,42 zł-in the case of a trunk circumference ranging from 51 to 100 cm;
4) 763,77 zł-in the case of a trunk circumference ranging from 101 to 200 cm;
5) 681,63 zł-in the case of the circumference of the trunk of 201 to 300 cm;
6) 542,26 zł-in the case of a trunk circumference ranging from 301 to 500 cm;
7) 376,07 zł-in the case of a trunk circumference of more than 500 cm.
6. [ 4] The rate for the removal of one square metre of the surface covered by the shrubs is set at PLN 249,79.
7. The Minister responsible for environmental matters shall determine, by means of a regulation:
1) the rates for individual types or species of trees depending on the circumference of the trunk and from the rate of stem increment to thickness,
2) coefficients differing rates according to the location of the tree or the shrub
-diversifying the cost of production of the various types and species of trees, the different growth conditions of individual trees and shrubs and the functions performed by trees and shrubs.
8. The rates referred to in paragraph 1. 5 and 6 and in the implementing rules adopted on the basis of the paragraph. The average annual price index of consumer goods and services, as adopted in the Budget Act, shall be applied on 1 January of each year of the valorisation of the forecast.
9. The Minister responsible for the environment shall, by 31 October each year, announce, by means of the notice in the Official Journal of the Republic of Poland "Monitor Polski", the amount of the valorised rates referred to in paragraph. 8.
Article 86. [ Exemption of charges] 1. Removal fees shall not be charged for the removal of:
1) trees or shrubs, on which removal is not required;
2) trees or bushes on which the removal of a natural person has obtained permission for purposes unrelated to the business activity;
3) trees or shrubs, if the removal is associated with the restoration and nurturing of trees growing on the property of the property entered in the register of monuments;
4) trees or shrubs that endanger the safety of people or property in the existing construction works or the functioning of the devices referred to in art. 49 § 1 of the Civil Code;
(5) trees or shrubs that endanger the safety of road or rail traffic or the safety of navigation;
6) trees or shrubs in connection with the redevelopment of public roads or railway lines;
7) trees whose circumference of the trunk measured at a height of 130 cm does not exceed:
(a) 75 cm-in the case of poplar, willow, common chestnut, ash-spring maple, silver maple, acacia made and maple platan,
(b) 50 cm in the case of other tree species
-for the restoration of land not used for agricultural use or for any other use compatible with the purpose of the land, as defined in the local land use plan or the decision on the conditions for the construction and development of the land;
8) shrubs the age of which is not more than 25 years old, in order to restore land not used for agricultural use or for any other use compatible with the purpose of the land, as defined in the local spatial development plan or decision o the conditions for the construction and development of the site;
9) trees or shrubs in connection with cultivating treatment of trees or shrubs in green areas;
10) trees or shrubs that have died or do not give a chance of survival, for reasons beyond the control of the property holder;
11. topols with a circumference of a trunk measured at a height of 130 cm of more than 100 cm, which do not belong to the native species, if replaced in the nearest vegetative season of other species;
12) trees or bushes if the removal is due to the protection of plants, animals and fungi protected by species protection or conservation of natural habitats;
13) trees or shrubs of graves of fish ponds;
14) trees or shrubs if the removal is related to the regulation and maintenance of the natural shadings, the execution and maintenance of water equipment for the formation of water resources and flood protection to the extent necessary for the execution and maintenance of these facilities;
15) trees or shrubs removed from the grounds of polygons or exercise squares, serving the defense of the state.
2. In the cases referred to in paragraph. 1, if the release of the permit to remove the tree or shrub has been dependent on the sifting of that tree or shrub or the execution of surrogate plantings, and the exagerated or planted tree or shrub has not kept the vitality after 3 years from the day of the passage the time limit indicated in this permit for their replanting or for the exercise of replacement planting, or before the expiry of that period, for reasons attributable to the holder of the property, the authority competent to authorise the removal of the tree or shrub shall be imposed by the the obligation to carry out replacement plantings again by decision. The provisions of Article 4 83c par. 4 and Art. 83d par. 2 and 4 shall apply mutatis mutandis.
3. In the case of failure to carry out the surrogate planting referred to in paragraph. 2, according to the permission to remove a tree or shrub, apply the provisions on enforcement proceedings in the administration.
Article 87. [ Limitation of the obligation to pay charges] 1. The obligation to pay the fees referred to in art. 84 (1) 1, the expiry of a period of five years from the end of the year in which the payment of the fee has expired.
2. (repealed)
3. The payment of the fee shall take place within 14 days from the day on which the permission to remove the tree or shrub or the decisions referred to in art. 84 (1) 5 and 7, they became definitive. If the removal of a tree or shrub is indicated in the permit for removal of the tree or shrub, the fee shall be paid within 14 days from the date of commencement of that date.
4. In the event of untimely payment of the fee, interest shall be charged for late payment of interest charged for the late regulation of tax liabilities.
5. Fees not paid within the time limit referred to in paragraph. 3, they shall be subject, together with interest, for the delay of compulsory collection in accordance with the rules on enforcement proceedings in the administration.
6. At the request, filed within 14 days from the day on which the permission to remove the tree or shrub or the decision referred to in art. 84 (1) 5 and 7, they have become final, the charge may be spread over the instalments or postponed the payment deadline, for a period of not more than 3 years, if the material situation of the applicant is in favour.
7. The decision on the distribution of the fee for the instalment or the transfer of the payment deadline shall be issued by the authority competent to issue the permit for removal of the tree or shrub.
8. If the arrears of payment installments amount to the equivalent of three consecutive instalments, the payment of the fee becomes required in full.
Article 87a. [ Works carried out within the roots, trunk or crown of the tree or in the roots or shoots of the shrub] 1. Earned works and other works carried out by hand, with the use of mechanical equipment or technical devices, carried out within the roots, the trunk or crown of the tree or within the roots or shoots of the shrub, shall be carried out in the least harmful to trees or shrubs.
2. Works within the crown of the tree shall not lead to the removal of branches in a dimension exceeding 30% of the crown, which has developed throughout the period of tree development, unless they are aimed at:
1) the removal of the dead or over-broken branches;
2) maintaining the formed shape of the tree crown;
3) the execution of a specialist procedure to restore the tree statins.
3. The Zabieg referred to in the mouth. 2 (3), shall be made on the basis of a dossier, including photographic documentation, indicating that such a procedure must be carried out. The records shall be kept for a period of 5 years from the end of the year in which the procedure was performed.
4. Removal of branches in a dimension exceeding 30% of the crown, which developed over the entire period of the tree development, in order other than the one specified in the mouth. 2, it damages the tree.
5. Removal of branches in a dimension exceeding 50% of the crown, which developed over the entire period of the tree development, in order other than the one specified in the mouth. 2, it destroes the tree.
6. The provision of the paragraph. 2 shall not apply to the trees referred to in Article 3. 83f par. 1.
7. The Minister responsible for the environment may determine, by means of a regulation, the method of carrying out the work referred to in paragraph. 1, guided by the need to ensure the execution of works in the least damaging of trees or shrubs.
Article 87b. [ Chemicals used on public roads, streets and squares] 1. On public roads and streets and squares, chemical agents should be applied at least to the detrimental of green areas and to the use of the peers.
2. The Minister responsible for environmental matters shall determine, by means of a regulation, the types of measures which may be used in the places referred to in paragraph 1. 1, and the conditions for their use, guided by the need to ensure road safety, landscape protection and biodiversity, and the appropriate conditions for maintaining roads and safety of the use of roads.
Article 88. [ Fines] 1. Wójt, mayor or president of the city shall measure the administration of a penalty payment for:
1) removal of the tree or shrub without the required permit;
2) removal of the tree or shrub without the consent of the property holder;
3) destruction of tree or shrub;
4) damage to the tree caused by the execution of works within the crown of the tree.
2. The Kara referred to in paragraph 1, shall be imposed on the holder of the property, or the owner of the equipment referred to in art. 49 § 1 of the Civil Code, or to another entity, if it acted without the consent of the real estate holder.
3. The sentence shall be made within 14 days from the date on which the decision on the exchange of the sentence has become final.
4. Deadline for the payment of penalties imposed on the basis of the paragraph. 1 point 3 shall be postpone for a period of 5 years if the degree of destruction of a tree or shrub does not preclude the preservation of its viability.
5. In the case referred to in paragraph. 4, the postponement of the payment of penalties imposed for the destruction of the tree crown concerns 70% of the amount of the penalty.
6. The Kara shall be redeemed after 5 years from the date on which the decision to postpone the payment of the sentence became final, and after stating the preservation of the life of the tree or shrub, or the absence of a tree or shrub viability for reasons beyond the control of the penalised entity.
7. Where it is found that a tree or shrub has died before 5 years after the date on which the decision to postpone the deadline for payment of the sentence has become final, the penalty shall be paid immediately, unless the tree or shrub has not kept the life for reasons to be independent of the penalised entity.
8. At the request, filed within 14 days from the date on which the decision to measure the sentence referred to in paragraph. 1, has become final, or as of the day on which the due date for which the penalty has been postponed has expired, the penalty may be spread over a period of not more than five years.
9. Decisions in the cases referred to in the paragraph. 6-8, seeming a mayor, mayor, or president of the city.
10. The provision of the paragraph. 1 shall not apply to trees and shrubs referred to in art. 83f par. 1.
Article 89. [ Administrative penalty payments] 1. An administrative penalty payment referred to in art. 88 ust. For the removal of the tree or shrub referred to in Article 1, points 1 to 3 shall be fixed at twice the amount of the removal fee. 84 (1) 1.
2. An administrative penalty payment referred to in art. 88 ust. For the removal of the tree referred to in Article 1 (4), point 4 shall be set at the rate of the removal charge. 84 (1) 1, multiplied by 0,6.
3. If the determination of the circumference or the species of the removed or damaged tree is impossible due to the grubbing-up of the trunk and the lack of logs, the data for the calculation of the administrative penalty payment shall be determined on the basis of information gathered in the course of the proceedings The administration has increased the administrative level by 50%.
4. If the determination of the circumference of the removed or damaged tree is impossible due to the lack of logs, the circuit for the calculation of the administrative penalty payment shall be determined by taking the smallest diameter of the trunk and reducing the calculated circumference by 10%.
5. If the determination of the size of the surface of the removed or damaged shrubs is impossible, due to the removal of shoots and roots, this size shall be taken on the basis of the information gathered during the administrative proceedings.
6. In the case of the removal of a tree or shrub of the dead or a non-working chance for survival, scrap or subversive, the amount of administrative fines shall be reduced by 50%.
7. In the event of removal or destruction of a tree or shrub, or damage to the tree in circumstances justified by the state of higher necessity, no administrative penalty shall be issued.
8. Administrative pecuniary fines not paid within the prescribed period shall be subject, together with interest, for the delay of compulsory collection in accordance with the rules on enforcement proceedings in the administration.
9. The amount of the administrative penalty shall be expired five years after the end of the year of the expiry of the period of payment.
10. The procedure for the administration of the financial penalty shall not be initiated and the proceedings instituted in this case shall be dismissable if, from the end of the year in which the tree or shrub or tree has been destroyed or the tree has been damaged, it has elapsed 5 years.
11. The body may waive 50% of the penalty referred to in paragraph 1. 1 or 2, natural persons who have removed or destroyed a tree or shrub or damaged a tree for non-business purposes, where such persons are not able to pay full penalty without a significant prejudice the maintenance necessary for each other and the family if the monthly income per member of the household does not exceed 50% of the minimum wage for the work of the year in question.
Article 90. [ Competence of the starosty] 1. The activities referred to in art. 83-89, in so far as they are carried out by the mayor, mayor or president of the city, in relation to the property owned by the municipality-with the exception of real estate in the use of a perpetuated other entity-performs the starost.
2. If the president of the city on the rights of the district exercises the function of the starosty, the activities referred to in the mouth. 1, shall execute the marshal of the voivodship.
Chapter 5
Nature protection authorities
Article 91. [ Nature Conservation Authorities] The nature protection authorities shall be:
1) the Minister for Environment;
1a) General Director Of Environmental Protection;
2) wojewoda;
2a) regional director of environmental protection;
2b) the Marshal of the voivodship;
2c) Director of National Park;
3) starosta;
4) The mayor, mayor, or president of the city.
Article 92. [ Main Conservator of Nature] 1. The Minister of the Environment shall perform the tasks of the governmental administration in the field of nature conservation with the assistance of the Chief Conservator of Nature, being the Secretary or Undersecretary of State in the office serving this Minister.
2. The Chief Conservator of Nature appoints and refers the President of the Council of Ministers at the request of the Minister responsible for the environment.
Article 93. (repealed)
Article 94. [ Regional Director of Environmental Protection] 1. The tasks of the Regional Director of Environmental Protection in the field of nature protection in the national park are performed by the director of this park.
2. The Minister of Environmental Affairs shall be a higher degree body in relation to the Director of the National Park in the scope referred to in paragraph. 1.
Article 95. [ Opinions and advisory bodies] The advisory and advisory bodies in the field of nature conservation are:
1) State Council for the Conservation of Nature, acting on the Minister of the Environment;
2) the Regional Council for the Conservation of Nature, acting with the regional director of environmental protection;
3) the Scientific Council of the National Park, acting at the Director of the National Park;
4) the landscape park council or the council of landscape parks, operating at the director of the landscape park or the director of the landscape parks ensemble.
Article 96. [ National Nature Conservation Council] 1. [ 5] The National Nature Conservation Council has between 20 and 40 members.
1a. [ 6] The composition of the State Nature Conservation Council is set up by the Minister for Environment.
1b. [ 7] The Minister responsible for the environment calls the members of the State Nature Conservation Council from among those working for the protection of nature's representatives of science, practice and ecological organisations.
1c. [ 8] The membership of the State Council for the Conservation of Nature shall be made in the event of:
1) the appeal of a member by the minister responsible for the environment;
2) the limitation or loss of a member of the capacity for legal acts;
3) written resignation of a member
4) death of a member.
2. The State Council for the Conservation of Nature shall elect its chairman and alternate members from its own and shall adopt the Rules of Procedure.
3. The tasks of the State Nature Conservation Board shall be in particular:
1) evaluation of implementation of the Act;
2) the opinion of the strategy, plans and programmes for nature conservation;
3) evaluation of the implementation of the programme for the conservation and sustainable use of biodiversity;
4) the opinion of draft legislative acts on nature conservation;
5) presentation of proposals and opinions in matters of nature conservation;
6) popularizing nature conservation.
4. Expenditure related to the activities of the State Nature Conservation Council shall be covered from the budget of the State from the part of which the Minister responsible for the environment is available.
Article 97. [ Regional Nature Conservation Council] 1. Members of the Regional Nature Conservation Council, in the number of 20 to 30 per term of office lasting 5 years, shall appoint, by way of order, the Regional Director of Environmental Protection from among those acting for the protection of nature's representatives of science, practice, environmental organizations and the State Farmers ' Forest State Forest and the state's seismic seismic.
2. The Regional Nature Conservation Council shall select from its chairman and alternate members and adopt the rules of procedure.
3. The tasks of the Regional Nature Conservation Board shall in particular:
1) evaluation of the implementation of the conservation tasks;
2) the opinion of draft legal acts in the field of nature protection issued by the Regional Director of Environmental Protection;
3) presentation of proposals and opinions in matters of nature conservation;
4) the opinion of development plans and voivodship strategies in the scope of nature conservation.
4. Expenditure related to the activities of the Regional Nature Conservation Council shall be covered by the regional measures of the Director of Environmental Protection.
Article 98. [ Scientific Council of National Park] 1. Members of the Scientific Council of a national park in the number of 10 to 20 per term of age of 5 years shall appoint, by way of ordinance, the Minister responsible for the environment from among the conservation of nature representatives of science, practice and organisation. ecological and local authorities of the voivodship and municipal authorities.
2. The scientific council of the national park shall elect its chairman and deputy from its own group and shall adopt the rules of procedure.
3. The tasks of the Scientific Council of the National Park shall be in particular:
1) an assessment of the state of resources, creations and nature components;
2) the opinion of the draft protection plan and protective tasks;
3) an assessment of the implementation of the findings of the conservation plan, the annual protective tasks and the effectiveness of protective procedures;
4) the opinion of research and scientific research programmes in the field of nature conservation;
5) presentation of conclusions and opinions in matters of nature protection and functioning of the national park.
4. Expenditure related to the activities of the Scientific Council of a national park shall be covered from the state budget, from the part dedicated to the activities of national parks.
Article 99. [ Landscaping Council] 1. The members of the landscape park council or the council of landscape parks in the number from 10 to 20 per term of age of 5 years shall be appointed by the Board of Governors from among the nature protection representatives of science, practice and organization. ecological and representatives of the local government units of the voivodship, local government and economic organisations.
2. Members of the Board of Landscape Park or of the Board of Landscape Park located in several voivodships are appointed by the Management Board of the voivodship in which the largest part of the park or park team is located, in agreement with the others. Voivodship Boards.
3. The landscape park council or the council of landscape parks shall choose from its chairman and alternate members and adopt the rules of procedure.
4. The tasks of the Board of Landscape Park or of the Board of Landscape Park shall be in particular:
1) the assessment of the state of resources, the creations and ingredients of nature, the cultural values and the findings of the nature conservation programmes;
2) the opinion of the draft protection plan;
3) an assessment of the implementation of the findings of the conservation plan and other nature conservation tasks;
4) an opinion and evaluation of the implementation of projects and programs of the landscape park activities or a team of landscape parks in the scope of nature protection, education, tourism and recreation.
5. Expenditure related to the activities of the Board of Landscape Park or of the council of the landscape parks team shall be covered by the budget of the competent voivodship.
Article 100. [ Diet and reimbursement of travel and accommodation expenses for members of the opinion and advisory bodies] Members of the advisory and advisory bodies referred to in Article 95, residing outside the place where the meeting takes place, the allowances and the reimbursement of travel and accommodation expenses, as laid down in the rules concerning the amount and the conditions for determining the amount owed to the staff member, employed in a state or local government unit of the budget sphere, on a business trip in the territory of the country, issued on the basis of art. 77 5 § 2 of the Labour Code.
Chapter 6
Nature conservation services
Article 101. (repealed)
Article 102. (repealed)
Article 103. [ National Park Service] 1. Tasks related to nature protection, scientific research and educational activities, as well as the protection of national park property and the fight against crime and offences in the field of nature protection in the field of national park is performed by the Park Service National.
2. The tasks of the National Park Service include:
1) the implementation of the findings of protection plans and protective tasks;
2) information and promotion in the field of nature conservation, including the establishment of a natural museum, centres of information and education, and publication of information and promotional materials;
3) conducting scientific research to determine the methods and ways of protecting nature, the effectiveness of conservation actions and the recognition of biodiversity;
4) maintaining in due state the technical infrastructure managed by the national park;
5) making available to the national park for scientific, educational, recreational, tourist and sports purposes.
3. (repealed)
4. The Minister for the Environment, with the need for selection in the National Parks Service of persons with relevant professional qualifications, will determine, by means of regulation, the position and the qualification requirements which they should fulfil the employees of the individual positions in the Service of the National Parks, taking into account the education and seniority of the work.
5. The Minister responsible for the environment will determine, by means of a regulation, the conditions of remuneration for the work of national parks workers and the granting of other benefits related to work, including:
(1) the amount of the basic salary of national parks workers,
(2) other, other than the basic salary, the components of remuneration and their amounts, justified in particular by the performance of a particular function or position, specific characteristics of work, conditions of work and qualifications professional staff
-having regard to the specificity and nature of the work of national parks workers.
Article 104. [ Employees of the National Park Service] 1. Employees of the National Park Service shall be entitled:
1) free umunification, which they carry when carrying out work activities;
2) a free apartment if the position and nature of the work are connected with the necessity of residence at the place of its execution.
2. The employees of the Service of the National Park in the performance of official duties shall enjoy the legal protection provided for in the criminal law provisions for public officers.
3. Free apartment referred to in paragraph. 1 point 2, shall be eligible for staff members employed in the following positions:
1) the director of the park;
2. Deputy Director of the Park;
3) the chief accountant;
4) the main specialist for nature conservation;
5) the head of the scientific and educational staff;
6) the main specialist for the provision of the park;
7. superforestry;
8. Protective rim conservator;
9) forestry;
10) conservator of the protective circuit;
11. subforestry;
12) a senior guard;
13) the watchman;
14. Head of the animal husbandry centre;
15) the manager of the forest nursery;
16) commandant of the Park Guard;
17) Deputy Commandant of the Park Guard;
18) the commander of the field group of the Park Strait;
19) the senior guard of the Park's guard;
20) the guard of the Park's guard.
4. The free apartment shall be understood to be assigned to an employee of a dwelling in a multi-family or unifamily building, for whom use of the staff member does not pay any fees.
5. The members of the worker's family, which shall be taken into account at the allocation of the dwelling, shall remain with the staff member in the common household:
1. a spouse;
2) children (own or spouse, adopted or accepted for the foster care of the foster family), but not longer than for the completion of the 25 years;
(3) the parents of the employee and of his spouse who is on his or her sole dependant, or if, on grounds of age or invalidity, or other circumstances are incapable of carrying out employment, the father and the stepmother and the persons concerned shall be regarded as parents. They are welded.
6. An unpaid apartment shall be assigned to the service worker of the National Park Service at his request, which shall include:
1. first name, surname and address of the applicant;
2. the date and place of employment;
3) the number and degree of kinship of the persons referred to in paragraph. 5.
7. The unpaid apartment is allocated from the national park's housing stock.
8. The unpaid apartment shall be allocated for the duration of the post referred to in paragraph 1. 3.
9. An unpaid apartment shall be allocated on the basis of a contract concluded:
1) with the Director of the National Park-by the Minister responsible for the environment;
2) with the employee of the National Park Service-by the director of the national park.
10. In the contract referred to in paragraph. 9, the following shall be fixed:
1) the detailed terms and conditions of the use of the free apartment;
2) the term of the release of the free apartment, not longer than 6 months from the date of the establishment of the employment in the post entitled to free housing;
3) the manner of releasing the free apartment by the Service employee of the National Park passing into retirement or an annuity and the possibility of allocating the replacement premises.
11. The Service worker of the National Park Service frees the apartment free of charge together with all the persons remaining with it in the common household.
12. In the absence of any possibility of allocation of a free apartment or residence, with the consent of the director of the national park or minister competent for the environment, by the Service Officer of the National Park in the apartment constituting the property of this an employee shall be entitled to an equivalent for the non-use of a free apartment.
13. Equivalent referred to in paragraph 12, shall be granted to the authorized worker of the National Park Service at his request, accompanied by a statement of the number and degree of kinship of the persons remaining in the common household.
14. Equivalent referred to in paragraph 12, employee of the National Park Service calculates the director of the national park, and the director of the national park-minister responsible for the environment, taking the product of the average rent rate in the lease relations in a given locality and the normative size the usable area of the employee.
15. Equivalent referred to in paragraph 12, shall be paid each month together with remuneration.
16. For the purposes of calculation and payment of the equivalent for not using the free apartment, the following size of the normative usable area shall be determined calculated on the number of persons remaining with the employee of the National Park Service in common household:
1) 35 m 2 -for 1 person;
2) 40 m 2 -for 2 persons;
3) 45 m 2 -for 3 persons;
4) 55 m 2 -for 4 persons;
5) 65 m 2 -for 5 persons;
6) 70 m 2 -for 6 or more persons.
17. The size of the normative usable area is increased by 10 m 2 If there is a disabled person in the premises requiring the mobility of a wheelchair.
(18) Where the entitlement to a free apartment is granted to two or more persons who remain in the common household, one free accommodation shall be allocated, as referred to in paragraph 1. 3, or one equivalent referred to in paragraph 1 shall be granted. 12.
19. The Minister responsible for the environment will determine, by means of a regulation, for employees of the National Parks Service model for official identity cards, patterns of uniforms and signs for individual posts, including an appropriate pattern of umunduring departure and field for the seasons, colour and pattern of the subjects supplementing the uniforms and the pattern of the eagle placed on the caps, guided by the need to provide the employees of the National Park Service with the appropriate conditions for performing tasks requiring being in the field at different times of the year and the need to distinguish features the unifying of the staff employed in the individual positions.
Art. 104a. [ Sales of unhelpful parks of premises] 1. The national park may sell unsuitable national park accommodation, self-contained dwellings, self-contained commercial premises for garages, hereinafter referred to as "premises". The premises are sold together with the owned premises and the law related to the ownership of the premises.
2. They are not subject to sale of premises:
1) necessary to provide free housing for the employees employed in the posts referred to in art. 104 (1) 3;
2) related to the management of the national park.
3. Employees and former employees of a national park having at least 3 years of employment in national parks, excluding persons with whom the employment relationship has been resolved without termination of the fault of the staff member shall have priority in the acquisition of the premises of which they are tenants and in which they live.
4. Determination of the price of the premises by the sale referred to in paragraph 1, shall be subject to the rules laid down in the real estate rules, subject to the paragraph. 5.
5. The price of the sale of the premises shall be subject to a total reduction of 6% for each year of employment in national parks and by 3% for each year of the lease of the premises, however not more than by 95%. If the person entitled is a pensioner or a pensioner, the sale price of the premises shall be 5% of its value. In the event of an allowance to lower the price of the sale of the premises to persons holding the common holding, the periods of employment of those persons shall be summed up, with a bonification not exceeding 95% of the sales price of the premises. This entitlement shall be granted only for the acquisition of one premises.
6. The provisions of the paragraph. 3-5 shall also apply to loved ones who, on the day of the death of a national park employee, resided with him. In the case of persons close to being understood, the spouses and the preliminary and descending ones, as well as the apprentiments and the assistants.
7. The authority referred to in paragraph 1. (5) persons who are also close to the premises whose rental right has been obtained in exchange for the place occupied on the date of death of the worker or of a former employee of the national park shall also be entitled to persons close to the premises. This entitlement shall only be granted to one person close to and only at the acquisition of one premises.
8. The director of the national park shall demand a refund of the amount equal to the one granted to the bonification after its valorisation, if the buyer of the premises referred to in the mouth. 3, 6 and 7, before the end of 5 years from the date of his acquisition, he or she was in that place or used for other purposes than housing. The valorisation shall be carried out in accordance with the rules laid down in the real estate rules.
9. Provisions of the paragraph. 8 shall not apply in the event of a divestment to a close person, subject to paragraph. 10.
10. The provisions of the paragraph. 8 shall apply mutatis mutandis to a close person who has consumed or has used the property for other purposes than the objectives justifying the award of a bonification, before the end of a period of five years from the date of the original acquisition.
11. Tenants who do not have the rights referred to in paragraph 1. 3, 6 and 7 shall be given priority in the purchase of the intended for sale of the premises which occupy at least 3 years, on the basis of the lease agreement concluded for an indefinite period. The provisions of the paragraph 5 shall not apply.
12. The appointment of the director of the national park shall be notified in writing to the persons referred to in paragraph 12. 3, 6, 7 and 11, setting at least a monthly time limit for the submission of a written declaration of intention to acquire the premises, calculated from the date of service of the notice to the person concerned. Failure to submit a statement within the prescribed period shall mean the resignation of the purchase of premises.
13. The notification referred to in paragraph. 12, it shall contain:
(1) the price of the premises;
2) the expected date of the sale of the premises;
(3) information on the effect of the declaration referred to in paragraph 1. 12.
14. Employees and former national park workers who are not tenants of the premises intended for sale shall have priority in the acquisition of vacancies, under the conditions laid down in the paragraph. 5.
15. The premises may be disposed of, under the rule of invalidity, only under the conditions laid down in the paragraph. 1-14.
16. In the cases referred to in paragraph. 1-14, the Act of 15 December 2000 does not apply. the rules for disposing of dwellings owned by SOEs, certain commercial companies with the participation of the State Treasury, state legal persons and certain dwellings owned by the State Treasury (Dz. U. of 2001. No 4, pos. 24, with late. zm.).
Article 104b. [ Equivalent for not using a free apartment] An employee who acquired the premises used or intended for housing purposes in accordance with the rules laid down in the Article. 104a para. 1-14 or exercised the powers set out in the Act of 15 December 2000. the rules for disposing of dwellings owned by SOEs, certain commercial companies with the participation of the State Treasury, state legal persons and certain dwellings owned by the State Treasury, may not apply for payment the equivalent for not using a free apartment or allocating a free apartment.
Article 105. [ Director of Landscape Park] 1. The landscape park is headed by the director of the landscape park.
2. The Director of the Landscape Park shall be appointed by the Board of Governors, after consulting the Regional Nature Conservation Board.
3. The Director of the Landscape Park located in several voivodships is appointed by the Management Board of the Voivodship due to the seat of the Park, in agreement with the other provincial managers.
4. The tasks of the Director of the Landscaping Park include:
1) conservation of nature, landscape and historical values and cultural values;
2) organization of educational, tourist and recreation activities;
3) (repealed)
4) joint action in the field of nature protection with organizational units and legal and physical persons;
5) the submission of applications to local spatial development plans concerning the spatial development of the areas within the landscape park.
5. On the territory managed by the State Forestry Forest State Forest, located within the boundaries of the landscape park, the task in the field of nature conservation performs independently the local superforestry, according to the findings of the park protection plan landscape, which is included in the forest plan.
Article 106. [ Landscape Parks] 1. For the purpose of directing landscape parks, landscape parks may be created as budgetary units within the meaning of the public finance regulations.
2. The provisions concerning the director of the landscape park shall be applied to the director of the landscape parks ensemble.
Article 107. [ Landscaping Service] 1. The tasks in the field of nature protection, landscape, historical and cultural values and educational activities in the area of the landscape park are carried out by the Service of Landscape Park.
2. The tasks of the National Park Service shall be:
1) inventory of natural habitats, plant sites, animals and fungi protected by species protection and their habitats, as well as deserving protection of the creations and components of inanimate nature;
2) identification and assessment of existing and potential threats of internal and external landscape park and inference of taking actions aimed at eliminating or reducing these risks and their effects, and other activities in to improve the functioning and protection of the landscape park;
3) the collection of documentation concerning nature and historical, cultural and ethnographic values;
4) realization of tasks related to the protection of other forms of nature protection within the boundaries of the landscape park;
5) information on the nature protection provisions of persons present in the protected areas and in the places where the creations and nature components covered by the nature conservation forms are located;
6) conducting natural education in schools and among local society, as well as promoting the natural, historical, cultural and tourist values of the landscaping park;
7) cooperation with self-governments, managers of landscape park areas, ecological organizations and with other entities, relevant to the protection of the landscape park.
3. (repealed)
4. An employee of the Landscape Park Service has the right to legitimacy of persons infringing the provisions on the protection of nature, and in the event of refusal to provide a document allowing to establish identity-to request the Police or other competent authorities of identification of identity.
5. The worker of the Service of the Landscape Park receives free decommission, which is compulsorily carried out in the performance of official activities.
6. The Minister of Environmental Affairs, with the need for selection in the Parks ' Service of the National Parents of the relevant professional qualifications, will determine, by means of regulation, the position and the qualification requirements, which they should meet the employees employed on individual positions in the National Parks Service, taking into account the education and seniority of the work.
7. The Minister responsible for the environment will determine, by means of regulations, for employees of the Parks Department of the Landscape, model of professional legitimacy, patterns of uniforms and signs for individual positions, including the corresponding pattern of umunduroing the output and field of the year, the colour and pattern of the objects of the uniforms, the pattern of the eagle placed on the cap, as well as the periods of use of the part of the uniforms, guided by the need to provide the employees of the National Parks Service appropriate conditions for the performance of tasks, requiring on-site residence in the different times of the year, and the need to distinguish between the characteristics of the uniforms of workers employed in the individual positions.
Chapter 7
Combating crime and offenses in protected areas
Article 108. [ Officers Of Park Guards] 1. In national parks, tasks related to the protection of property and the fight against the nature protection offences are carried out by the officers of the Park Guard, which is included in the Service of the National Park.
2. The Guard Officer of the Park may be a person who:
1) holds Polish citizenship;
2) completed 21 years;
3) has full capacity for legal acts;
4) has not been deprived of public rights;
5) has at least secondary education;
6) have an impectable opinion of the local Police Commissioner;
7) has the appropriate health status confirmed by a medical certificate and a psychological decision;
8) she was not punished for the crime.
3. The costs of the decision referred to in paragraph. 2 point 7, shall be borne by the candidate at the Guard of the Park.
4. Officer of the Park Guard is subject to every 5 years periodic medical and psychological examinations, confirmed by the ruling.
5. Officer of the Park Guard in carrying out the tasks referred to in paragraph. 1, shall have the right to:
1) the legitimacy of persons suspected of committing a criminal offence or misconduct and witnesses of a crime or misconduct, in order to establish their identity;
2) the audit of the evidence of the payment of the fees referred to in Article 12 (1) 3;
3. the detention and transmission of the Police or other competent authorities of persons in case of a reasonable suspicion of committing a criminal offence or misconduct;
4) to stop and check the means of transport in order to check their cargo and to view the contents of the luggage in case of the existence of a reasonable suspicion of committing a crime or misconduct;
5) searches of premises and other places in cases of reasonable suspicion of committing a criminal offence or misconduct;
6) security as factual evidence, for receipt, objects from crime or misconduct, as well as tools and means for committing them;
7) control and detention, for the receipt, documents on the legality of possessing the creations or ingredients of nature and marketing them, originating in the area of the national park;
8) control of entities conducting business activity in the area of national park in respect of compliance with the provisions of the Act.
6. The powers referred to in paragraph. 5, shall be entitled to the director of the national park, his deputy, the forester, the conservator of the protective rims, the forester, the conservator of the protective circuit, the suburb, the elder of the guard and the guard.
7. The activities referred to in paragraph 1. 5 points 1 and 3-8, the Guard of the Park shall have the right to perform within the park or outside its borders in case of a reasonable suspicion that the offence or misconduct has been committed to the detriment of the national park.
8. When performing the activities referred to in paragraph. 5 points 3 to 6, the provisions of the Code of Criminal Procedure or the provisions of the Code of Conduct on cases of misconduct shall apply accordingly.
9. The Council of Ministers, guided by the need to establish uniform ways of legitimacy and control of persons committing transgressions and crimes against the protection of nature, will determine, by means of regulations, the manner and mode of execution of the following actions:
1) for the Park's Strait:
(a) the identity of persons suspected of having committed a criminal offence or misconduct and witnesses of a criminal offence or misconduct in order to establish their identity,
(b) the detention of persons in the case of a suspected suspicion of a criminal offence or a criminal offence,
(c) the checks and detentions, for the receipt, of documents relating to the legality of the holding and/or nature of the nature of the nature and the marketing of the nature and nature of the nature
(d) inspections of economic operators in the area of national park in compliance with the provisions of the Act;
2) for the Service of the Landscape Park-the identification of persons infringing the provisions on the protection of nature, and in the event of refusal to provide a document allowing the identification of the identity-to request the Police or other competent authorities to determine them identity.
10. The Minister of Environmental Affairs, in agreement with the Minister responsible for internal affairs, will determine, by means of regulations, the scope and mode of cooperation of the Park's Guard with the Police and the scope of the activities of the Park's Guard subject to the control of Police and the manner exercising this control, guided by the need to undertake joint action of the Park's Guard with the Police in the area of the national park in the fight against crime and offenses.
Art. 108a. [ Application of the provisions of the Act on the freedom of economic activity] The provisions of Chapter 5 of the Act of 2 July 2004 shall apply to the control of economic activities of the trader. about the freedom of economic activity.
Article 109. [ Use of coercive measures] 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 Guard Park officer can use the direct coercive measures 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.
Article 110. [ Weapons] 1. The Park Guard officer may be equipped with a combat weapon and a hunting weapon, and an employee of the Park Service in a hunting weapon.
2. The Park Guard officer may be allowed to work with a weapon if:
1) he has received basic training for officers of the Park's Guard and passed the exam before the examination board;
(2) he has passed the examination of the provisions relating to the possession, use and use of the weapon before the committee referred to in Article 3 (2). 16 of the Act of 21 May 1999. about weapons and ammunition (Dz. U. 2012 r. items 576, of late. zm.);
3) has a medical and psychological judgement stating the lack of contraindications to work with the weapon.
3. The combat weapon and hunting weapons director of the national park shall be acquired on the basis of an administrative decision issued by the local commandant of the voivodship, at the request of the director of the national park, in accordance with the Act of 21 May 1999. about weapons and ammunition.
4. The director of the national park may allocate combat weapons or hunting weapons along with ammunition of the Officer Park's guard.
5. A decision to equip an officer of the Guard Park with a combat weapon or a fighter weapon for the time of duty shall be taken every time the Chief Guard of the Park.
6. The weapon referred to in the mouth. 4, shall be allocated together with the certificate of arms.
7. 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 Park Guard officer may use or utilises the firearm.
8. The hunting weapons referred to in paragraph. 4, the Park Guard officer shall have the right to use in the following cases:
1) to eliminate or dissuade within the national park of animals posing a real and imminent threat to the life and health of the people;
2) if necessary the shot, with the consent of the director of the national park, an animal that has no chance of survival.
9. (repealed)
(10) The Minister responsible for the environment will determine, by means of a regulation, the scope of basic training and the mode of appointment of the examination committee referred to in paragraph 1. 2 point 1, guided by the need for the officers of the Park to have the knowledge of the Park of knowledge necessary for the performance of the tasks.
11. (repealed)
12. The Minister of Environmental Affairs, in agreement with the Minister responsible for internal affairs, will determine, by means of a regulation, the means of registration and storage of combat weapons and weapons of hunting with ammunition, in order to address the need for the the security of combat weapons and hunting weapons with ammunition at the disposal of the Park's Straits.
(13) The provisions concerning the authorisation, allocation and provision of hunting weapons shall apply mutatis mutandis to the staff of the Park Service referred to in paragraph 1. 1.
Article 110a. [ Rules for the use and use of direct coercive and firearms] 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 basis laid down in the Act of 24 May 2013. with direct coercive measures and firearms.
Chapter 8
Implementation of nature protection
Article 111. [ Project for the conservation and sustainable use of biodiversity and the draft action plan] 1. The Minister of Environmental Affairs shall draw up a draft programme for the conservation and sustainable use of biological diversity together with the draft action plan.
2. The Minister of Environmental Affairs shall ensure the possibility of public participation, on the basis and in accordance with the procedure laid down in the Act of 3 October 2008. on the provision of information on the environment and its protection, public participation in the protection of the environment and on environmental impact assessments, in a proceeding which is the subject of a draft conservation and sustainable use programme. biodiversity, together with the draft action plan referred to in paragraph. 1.
3. The Programme of Conservation and Sustainable Use of Biological Diversity together with the Action Plan approves, by way of a resolution, the Council of Ministers.
Article 112. [ Natural Monitoring] 1. In the framework of the state monitoring of the environment, there is a monitoring of the natural and landscape biodiversity.
2. The natural monitoring consists of the observation and evaluation of the state and the changes in biodiversity and landscape components, including the natural habitat types and the species of interest of the Community, a particular focus on the natural habitat types and priority species, as well as on the evaluation of the effectiveness of the nature conservation methods used.
Article 113. [ Central register of nature conservation forms] 1. The General Director of Environmental Protection conducts a central register of the nature conservation forms referred to in art. 6 para. 1 points 1 to 9.
1a. The Minister responsible for environmental matters will determine, by means of a regulation:
1) the range of information collected in the central register of nature conservation forms,
2) the organization, mode and technical standards of creating the register,
3) how to update the registry and make the data contained in the register available
-taking into account the necessity to provide complete and uniform information on the forms of nature protection in the Republic of Poland.
2. (repealed)
3. (repealed)
4. The body that created or established the form of nature conservation referred to in art. 6 para. 1 points 2-4 and 6-9, shall send to the General Director of the Environment, within 30 days from the day of its establishment or establishment, a copy of the act establishing or establishing a given form of nature protection and information, specified in the regulations issued on Paragraph 1. 1a, as well as, within the same time limit, shall enter this information in the central register of nature conservation forms.
Article 114. [ Collection of documentation, record keeping] 1. The Regional Director of Environmental Protection collects documentation on the resources, creations and components of nature, and in particular valuable for scientific reasons of the constructions of nature, the positions of protected species of plants, animals and fungi, and their habitats and natural habitats.
2. The Regional Director of Environmental Protection shall keep a register of the nature protection forms referred to in art. 6 para. 1 points 2 to 4 and 6 to 9, situated in whole or in part in the area of its operation.
3. The body, which has established the form of nature conservation referred to in art. 6 para. 1 points 3 and 4 and 6 to 9, shall send to the Regional Director of the Environment, within 30 days from the date of its establishment or establishment, a copy of the act establishing or setting up a given form of protection of nature and the information specified in the legislation issued based on art. 113 (1) 1a, as well as, within the same time limit, shall enter this information in the central register of nature conservation forms.
Article 115. [ Informational tables] 1. On the outskirts or near the forms of nature protection referred to in art. 6 para. 1 (1) to (3) and (7), (7) and (8), shall include information boards of nature conservation forms and prohibitions in areas or in relation to those forms, and on the outskirts of the nature conservation forms referred to in Article 3 (1) (a) of the Regulation. 6 para. 1 points 4 to 6 and point 9, the names of the nature conservation form shall be indicated.
2. On the outskirts of the park national plates referred to in the mouth. 1, place the director of the national park, and on the outskirts or near the forms of nature protection referred to in art. 6 para. 1 points 2 to 9-the authority supervising the nature conservation.
3. The Minister responsible for the environment shall determine, by means of a regulation, the models of the tables referred to in paragraph. 1, guided by the need to unify the tables, specifying their shape and size, the material to be taken from, the background of the tables, the size and the colour of the letters in the inscriptions.
Article 116. [ Designation of parking spaces] In the case of a public road through a national park or a nature reserve, the designation of parking spaces shall take place upon the consent of the director of the national park or of the Regional Director of Environmental Protection, as appropriate.
Chapter 9
Management of resources and wildlife components
Article 117. [ The management of resources and wildlife components] 1. The management of the resources of wild plants, animals and fungi and the genetic resources of plants, animals and fungi used by humans should ensure their sustainability, optimum numbers and protection of genetic diversity, in In particular:
1) the protection, maintenance or rational development of natural and semi-natural ecosystems, including forests, peat bogs, swamps, muraw, solnisk, coastal cliffs and dunes, water coastlines, river valleys, sources and sources, as well as rivers, lakes and marine areas and habitats and plants of plants, animals or fungi;
2) create conditions for the propagation and spread of endangered extinctions of plants, animals and fungi, and protection and restoration of their habitats and stands, as well as protection of the animal migratory routes.
2. On land used economically in national parks or nature reserves, the landscape protection is used.
Article 118. [ Notification of the conduct of groundwork amending water relations] 1. The application of the regional director of environmental protection requires conducting, in the areas of nature protection forms, referred to in art. 6 para. 1 points 1 to 5 and 7 to 9, in the protective circuits designated pursuant to the Act of 18 April 1985. on inland fishing, as well as within the natural shadows, the following activities:
1) listed in Article 22 par. 1b of the Act of 18 July 2001. -Water rights;
2) water meliorations;
3) extraction from the waters of stone, gravel, sand and other materials, in the context of the particular use of waters;
(4) other than those mentioned in points 1 to 3, activities involving earthworks likely to alter water and/or water-soil conditions.
2. The notification shall specify:
1) the location, type, scope, manner and timing of the activities referred to in paragraph. 1;
2) in the case of the activities referred to in art. 22 par. 1b of the Act of 18 July 2001. -The water law, if possible, also the timing and scope of the activities covered by the notification in the past in the area to which the notification relates.
3. In the case of projects likely to have a significant impact on the environment for which environmental impact assessment has not been carried out, the environmental considerations shall be attached to the notification.
4. Where the activities referred to in paragraph 1, going beyond the area of one voivodship, the notification shall be made to the regional environmental director, whose area of competence is located the largest part of the site on which the activities are to be carried out.
5. The application must be made before obtaining a building permit, a water-law permit or a permit for the implementation of the investment in the field of flood structures, and if these permits are not required-before the commencement of operations, of which Paragraph 1. 1.
6. To carry out the activities referred to in paragraph. 1, you can proceed:
1. if, within 30 days of the date of service of the notification, the Regional Director of the Environment shall not raise, by means of a decision, opposition;
2) not later than after 2 years from the date specified in the notification of the date of their commencence.
7. The Regional Director of Environmental Protection raises objections if:
1) the notification concerns the activities covered by the obligation to obtain a decision on environmental conditions, and this decision has not been issued;
2. carrying out the activities covered by the notification violates the provisions on the forms of nature protection referred to in art. 6 para. 1 points 1 to 5 and 7 to 9, or of the protective circuits designated pursuant to the Act of 18 April 1985. of inland fishing.
8. In the decision referred to in paragraph. In accordance with Article 6 (1), the Regional Director of the Environment may impose an obligation to obtain a decision on the conditions for carrying out the operations, if the conduct referred to in paragraph 1 is not 1, may:
1) violate the provisions on the forms of nature protection referred to in art. 6 para. 1 points 1 to 5 and 7 to 9, or of the protective circuits designated pursuant to the Act of 18 April 1985. of inland fishing;
2) cause a deterioration of the environment, and in particular can significantly adversely affect the conservation objectives of protected areas, violate the prohibitions in force in them, or significantly negatively affect the natural habitats, protected species plants, animals or fungi, or their habitats.
9. If carrying out the activities referred to in paragraph. 1, may significantly affect the Natura 2000 site, the regional director of environmental protection, issuing the decision referred to in the paragraph. Article 6 (1), which lays down the obligation to obtain a decision on the conditions for carrying out the action, states that an assessment of the impact of the project should be carried out on the Natura 2000 site and imposes an obligation to submit a projects in the Natura 2000 site. The provisions of Article 4 97 ust. 3 and 4 of the Act of 3 October 2008. To provide information on the environment and its protection, public participation in environmental protection and environmental impact assessments shall be applied accordingly.
Article 118a. [ Application for a decision on the conditions of action] 1. Issue of a decision on the conditions of carrying out the activities, if the obligation to obtain this decision is imposed on the basis of art. 118 (1) 8, comes before obtaining a building permit, a water-based permit or a permit for the implementation of investments in flood structures, and if these permits are not required-before the commencement of the activities referred to in art. 118 (1) 1.
2. The application for a decision on the conditions for carrying out the operations shall include in particular:
1) the place of carrying out activities;
2) the type, scope and method of carrying out the activities;
3. the deadline for carrying out activities;
4) a proposal for the conditions for the operation of
5. the justification for carrying out activities;
6) in the case of carrying out activities in the fishing circuit-an indication of the user of this circumference.
3. If the scope of the activities referred to in art is 118 (1) 1, covers activities subject to the prohibitions referred to in Article 3. 51 (1) 1 or Art. 52 par. 1, the application shall also contain the information referred to in Article. 56 par. 6.
4. The application shall be accompanied by:
1. a copy of the standard map certified by the competent authority, and an extract from the land register, covering the area envisaged for the activities referred to in Article 3 (1) (a) (a) (a) (1), (2) 118 (1) 1;
2) in the case of the activities referred to in art. 118 (1) 1 point 2-a map containing information from water records, water melioration facilities and meliorised land referred to in art. 70 par. 3 of the Act of 18 July 2001. -Water rights;
3) in the case referred to in art. 118 (1) 9-Report on the impact of the project on the Natura 2000 site.
5. The decision on the conditions for carrying out the activities shall be determined:
1) the place of carrying out activities;
2) the type, scope and method of carrying out the activities;
3) the conditions for carrying out the activities, resulting from the need to protect valuable natural values, as well as the prevention or reduction of the impact of the planned activities on the natural environment;
4) the deadline for carrying out activities.
6. If the proposed scope or method of carrying out the activities referred to in Article 118 (1) 1, would result in significant negative impacts on the conservation objectives of protected areas, natural habitats, protected species of plants, animals or fungi, or their habitat, which cannot be eliminated or significantly reduced by the term the conditions for their conduct, the regional director of environmental protection may, with the consent of the applicant, specify different from the requested scope or the manner in which those activities are carried out. In the absence of consent from the applicant, the regional director of environmental protection refuses to issue a decision on the conditions for conducting the
(7) If an assessment of the impact of a project on the Natura 2000 site has been identified, the regional director of environmental protection shall carry out such an assessment prior to the adoption of the decision on the conditions for The provisions of Chapter 5 of Chapter 5 of the Act of 3 October 2008. To provide information on the environment and its protection, public participation in environmental protection and environmental impact assessments shall be applied accordingly.
8. The decision on the conditions for carrying out the activities replacing the authorisation referred to in art. 56 par. 1, requires a reconciliation with the General Directorate for Environmental Protection. The provisions of Article 1 shall not apply to the arrangement. 106 § 3, 5 and 6 of the Act of 14 June 1960. -Administrative Code of Conduct.
9. The decision on the conditions for carrying out the activities replacing the authorisation referred to in art. 56 par. 2b, it requires an agreement with the Minister of the Environment. The provisions of Article 1 shall not apply to the arrangement. 106 § 3, 5 and 6 of the Act of 14 June 1960. -Administrative Code of Conduct.
10. The party to the proceedings in the case for the issue of the decision on the conditions of conduct shall be the applicant, the owner of the water, the user of the fishing circuit and the owners of the property covered by the activities referred to in art. 118 (1) 1.
(11) If the number of parties to the proceedings for a decision having an operating conditions exceeds 20, the provision of the Article shall apply. 49 of the Act of 14 June 1960. -Administrative Code of Conduct.
12. The decision on the conditions for the conduct of the activities shall be issued by the Regional Director of
13. In the case of the activities referred to in art. 118 (1) 1, going beyond the area of one voivodship decision on the conditions of carrying out the activities shall be issued by the Regional Director of Environmental Protection, in whose area of jurisdiction the largest part of the land on which the activities are to be carried out is located, in agreement with the competent regional environmental protection directors.
Article 118b. [ Exemption of application of the law] Art. 118 and art. 118a shall not apply to:
(1) actions intended to be carried out within the framework of projects likely to have a significant impact on the environment for which an environmental impact assessment has been carried out, during which the implementation of the project was agreed with the regional the director of environmental protection;
2) the demolition and modification of the bobbins and the sprinkling of the beavers, carried out in accordance with the permit, issued on the basis of art. 56 par. 1, 2 or 2b, or an ordinance, issued on the basis of art. 56a;
3) removal of trees and shrubs in areas of particular threat of flooding in accordance with the decision issued on the basis of art. 88l par. 7 point 2 of the Act of 18 July 2001. -Water rights;
4) the activities referred to in art. 22 par. 1b of the Act of 18 July 2001. -Water rights, including:
(a) the production of plants from the bottom and the shores of inland surface waters within the period from 15 August to the end of February,
(b) the disposal of plants floating and rooted in the bottom of inland surface waters by the date of 15 August to the end of February, outside the Natura 2000 areas, where the conservation area of the lowland natural habitats and submontane rivers is protected. Italian-Italian collective (Ranunculion fluitantis) Referred to in the provisions issued on the basis of art. 26,
(c) the removal of trees whose trunk circumference does not exceed the size referred to in Article 83f par. 1 point 3, and shrubs the age of which does not exceed 10 years, the bottomed bottom and the shores of inland surface waters,
(d) the sprinkling of inland waters and the bottom of inland surface waters and their biological development within a period of up to 2 years from the date of their formation,
(e) the irrigation of inland surface waters by removing congestion which impede the free movement of waters,
(f) renovation or maintenance of the owner of the water owner of the regulatory structures and of the insurance within these structures or of the water equipment.
Article 119. [ Prohibition of erection of objects preventing or obstructing access to water] It shall be prohibited to climb in the vicinity of the sea, lakes and other water bodies, rivers and canals of construction works that prevent or hinder people and wild animals from accessing water, except for tourism facilities water, water or fishing, and related to the general security and defence of the country.
Article 119a. [ Propagation of animals-Permit] 1. Reproduction of animals resulting from the crossing and crossing of animals referred to in art shall be prohibited. 49 point 1 (a) a and b and in art. 120 (1) 1, and of game animals, with animals of other species, and with animals of forms and breeding varieties, without the approval of the General Director of the Environment.
2. The application for authorisation referred to in paragraph 1. 1, should contain, as appropriate:
1. the name and address or the name and registered office of the applicant;
2. the objective of the implementation of the action requested;
3) the name of the species or species, in Latin and Polish, if the Polish name exists, which will be affected by the action;
4) the number of individuals to whom the application relates;
5) determination of the place and time of implementation of the actions;
6. a certificate of origin;
7. an opinion or a medical-veterinary judgement of a veterinary district veterinarian, stating that the applicant has satisfied the conditions for the retention of the species, corresponding to their biological needs.
3. The permit referred to in paragraph 1. 1, contains:
1. the name and address or the name and registered office of the applicant;
2) the name of the species or species, in Latin and Polish, if the Polish name exists, which will be affected by the action;
3) the number of individuals to whom the permit applies;
4) determination of the place and time and conditions for the implementation of the actions to which the permit applies;
5. determination of the time limit for the submission of information on the use
4. General Director of Environmental Protection:
1) refuses to issue the permit referred to in the paragraph. 1 if the applicant was convicted by a final judgment of the court for a criminal offence related to the transport by the State border, the holding, holding, reproduction and sale on the territory of the country of the species referred to in Article 3. 49 point 1 (a) a and b and in art. 120 (1) 1, and of wild game, within a period of 3 years from the date on which the judgment is entitled to be passed;
2) may refuse to grant the consent referred to in paragraph. 1 if the proposed action poses a risk to native species or natural habitats.
5. The General Director of the Environment shall withdraw the authorisation referred to in paragraph 1. 1, if:
1) following the issuance of the permit, the circumstances referred to in the paragraph shall be disclosed. 4, justifying a refusal to issue an authorisation;
2) the authorisation was used inaccordance with the conditions contained therein.
Article 120. [ Alien species] 1. The introduction to the natural environment and the movement in this environment of plants, animals or fungi of alien species shall be prohibited.
2. Permit to:
(1) the entry of foreign species from abroad which, in the event of release into the natural environment, may endanger the native species or habitats and, at the same time, for the activities referred to in point 2, in relation to those specimens, it shall issue a General Director of Environmental Protection;
2. holding, breeding, reproducing, offering for sale and disposal of the species referred to in point 1 shall be issued by the competent regional director of environmental protection.
2a. (repealed)
2b. The application for authorisation referred to in paragraph 1 shall be granted. 2, it shall contain, as appropriate:
1. the name, the name and address of the applicant;
2. the objective of the implementation of the proposed action;
3) a description of the requested action;
4) the name of the species or species, in Latin and Polish, if the Polish name exists, which will concern the activities;
5) the number or quantity of the individuals to whom the application is requested, if possible to establish;
6) determination of the conditions, place and time of performance of the task;
(7) a certificate of origin.
8) (repealed)
2c. The permit referred to in paragraph 1. 2, contains:
1. the name and address or the name and registered office of the applicant;
2) the name of the species or species to which the action will apply, in Latin and Polish, if the Polish name exists;
(3) the number or quantity of the individuals to whom the authorisation is authorised, where this is possible to establish;
4) a description of the activities for which the authorisation is issued;
5. determination of the conditions, place and time of implementation of the operations to which the authorisation applies;
6) determination of the time limit for the submission of information on the use
2d. The body referred to in paragraph 2. 2:
1) refuses to issue the permit referred to in the paragraph. 2 if the applicant was convicted by a final judgment of the court for a criminal offence related to the transport by the State border, the holding, the holding of breeding, reproduction and sale on the territory of the country of plants, animals or fungi of species foreign, within a period of 3 years from the date on which the judgment is entitled to become final;
2) may refuse to grant the consent referred to in paragraph. 2 if the proposed action poses a risk to native species or natural habitats.
2e. The body referred to in paragraph 1. 2, withdraw the authorisation provided for in that provision if:
1) following the issuance of the permit, the circumstances referred to in the paragraph shall be disclosed. 2d, justifying a refusal to issue an authorisation;
2) the authorisation was used inaccordance with the conditions contained therein.
2f. The Minister for the Environment, in consultation with the Minister responsible for agriculture, will determine, by means of a regulation, a list of plants, animals and fungi of alien species which, in the event of release into the natural environment, may jeopardise native species or natural habitats, the need to ensure the continuity of the existence and protection of the diversity of native species of plants, animals or fungi.
2g. The General Director of Environmental Protection and the Regional Director of Environmental Protection shall check compliance with the conditions laid down in the permits issued by them. To carry out audits of the provisions of Article 56 par. 7b-7i shall apply mutatis mutandis.
2h. The Regional Director of Environmental Protection shall report to the General Director of the Environment by 31 January each year on the year of previous authorisations referred to in paragraph 1. 2 point 2, containing the information referred to in paragraph 2. Point 2 (2) to (5), as well as information on the use of authorisations and the results of checks on compliance with the conditions laid down in those authorisations.
3. The provisions of the paragraph. 1-2h shall not apply to marine organisms on which the keeping, rearing, restocking, entry or transfer is required, the authorisation of the Minister responsible for fisheries shall be required, issued pursuant to Article 3 (1) (d) of the Regulation. 3 para. 1 of the Act of 18 April 1985. of inland fishing or on the basis of Article 97 or art. 99 of the Act of 19 December 2014. o Maritime fisheries (Dz. U. of 2015 items 222).
4. The forbidding referred to in paragraph. 1, with the exception of species which, in the event of release into the natural environment, may endanger native species or natural habitats, shall not apply to the introduction into the environment of natural habitats and of movement in that plant environment:
1. in the establishment and maintenance of green areas, and the establishment and maintenance of revelations outside the forests and areas covered by the nature conservation forms;
2) used in the framework of the rational forest and agricultural economy.
Article 121. [ Rules for the management of non-lively nature resources] 1. The management of non-lively nature resources shall be carried out in such a way as to protect other resources, creations and nature components, economical use of space, and the preservation of particularly valuable creations and natural components. non-lively, including geological and soil profiles, caves, turni, rocks, overhead boulders, natural reservoirs and watercourses, sources and waterfalls, elements of the sea floor, dunes and soil reference surfaces, as well as places of occurrence fossil remains of plants and animals.
2. Exports abroad of meteorites and fossil remains of plants and animals require the consent of the General Director of Environmental Protection.
Article 122. [ Copalinated remains of plants or animals] 1. Who shall make the discovery of fossil remains of plants or animals, shall be notified immediately to the Regional Director of Environmental Protection, and if that is not possible, the competent mayor, mayor or president of the city.
2. The mayor, mayor or president of the city shall be obliged to communicate the notice referred to in paragraph to the regional director of the environment without delay. 1.
3. If the regional director of environmental protection determines that the discovered fossil remains of plants or animals are valuable to science, they pass them to a museum or a scientific institution.
Article 123. [ Control of compliance with the nature protection laws] 1. The Regional Director of Environmental Protection shall check compliance with the provisions on the protection of nature in the course of the economic use of resources and natural components by the organizational units and legal and natural persons.
2. Control activities shall be carried out by persons holding an imiennial authorisation issued by the Regional Director of Environmental Protection.
3. The authorisation referred to in paragraph 3. 2, it shall include an indication of the person authorised to carry out the operation, the place and extent of the control and the legal basis for the exercise thereof.
4. Prior to the operation of the control activities, the person authorised to carry out them shall be obliged to prove the authorisation referred to in paragraph 1. 2.
5. The persons authorised to perform the control activities shall have the right to:
1. access to the premises belonging to the controlled entity;
2) requests for written or oral information related to the subject of control;
3) inspection of documents relating to the subject matter of the inspection, the drawing up of copies, extracts or copies, and the security of such documents.
6. The person performing the control activities shall draw up a protocol from those activities.
7. The protocol shall be signed by the person performing the control activities and the controlled entity.
8. In the case of refusal to sign the protocol by a controlled entity, the protocol shall be signed only by the person performing the control activities, making the protocol of the relevant annotation of the refusal of the protocol to be signed by the controlled entity.
9. The introduction and execution of the control activities shall be carried out in the presence of the owner or holder of the property.
Article 124. [ Prohibition of firing] 1. The firing of meadows, pastures, untenants, ditches, roadways, railways, and reeds and shepherds are forbidden.
2. The ban referred to in paragraph. 1, does not apply to active protection measures resulting from:
1) protective tasks or a conservation plan for a national park or nature reserve;
2) the plan of conservation tasks or the conservation plan for the Natura 2000 site.
Article 125. [ Killing and destruction of plants, animals or mushrooms not covered by nature conservation forms] Plants, animals or fungi, as well as their habitats, which are not covered by nature conservation measures may be destroyed or killed only in connection with:
1) carrying out tasks justified by the needs of nature conservation;
2) conducting scientific research or education;
(3) a rational economy;
4) amateur fishing of fish;
5) a set for its own needs;
6. carrying out rescue operations;
7. universal security;
8. sanitary and veterinary safety;
9) the protection of human life and health;
10) preventing or disposing of natural disasters.
Chapter 10
Legal effects of the protection
Article 126. [ Liability for damages] 1. The State Treasury shall be liable for the damage caused by:
1. The frog- in crops, agricultural crops or in forestry [ 9] ;
2) wolves- at the livestock headage [ 10] ;
3) rysie- at the livestock headage [ 11] ;
4) bears- in the apiary, in the livestock head and in the agricultural crops [ 12] ;
5) bobry- on a farm, forestry or fishing farm [ 13] .
2. The liability referred to in paragraph 2. 1, does not include lost benefits.
3. The visual and estimate of the damage referred to in the paragraph. 1, as well as setting the amount of compensation and its payment, shall be made by the regional director of environmental protection, and in the area of the national park the director of this park.
4. [ 14] Owners or users of agricultural and forestry holdings can interact with the regional director of environmental protection, and in the area of national park-with the director of this park, in terms of ways of securing crops and agricultural crops, forests, and farmed animals to the damage caused by the animals referred to in paragraph 1.
5. The cooperation referred to in paragraph. 4, may include the construction of equipment or the execution of anti-damage treatments, financed from the budget of the competent local director of the national park or the Regional Director of Environmental Protection, within the framework of concluded civil-law contracts.
6. Compensation shall not be granted:
1) persons to whom the land owned by the State Treasury has been allocated;
(2) if the injured person:
(a) has not carried out agricultural or agricultural crop equipment within 14 days of the end of the harvest of that plant species in the region concerned,
(b) he has not consents to the construction by a regional director of environmental protection or the director of a national park of equipment or the execution of anti-injury treatments;
3. for damages:
a) created in the property of the State Treasury, with the exclusion of property assigned to the economic use under the Civil Code,
(b) not exceeding 100 kg of rye per year per hectare of cultivation,
(c) in agricultural crops established in breach of the generally applicable agri-technical requirements,
(d) caused by wolves, bears or lynxes in the headage of livestock left, in the period from the west to the sunrise, without direct care.
7. Damage caused by wild game animals, occurring in national parks, protection zones of game animals and in nature reserves is estimated and compensated by the rules set out in Chapter 9 of the Act of 13 October 1995 -Hunting law (Dz. U. of 2013 r. items 1226, as of late. zm.).
8. Estimation of damage caused by wild game animals in the zone of protection of wild game animals belongs to the tasks of the National Park Service, and in the nature reserves-for the supervising of the reserve.
9. Compensation for damage caused by wild game animals in the national park and the protection zone of wild game animals are covered by national park resources, and for damage caused by nature reserves-from the measures of the regional protection directorate environment.
10. In disputes concerning the amount of compensation for damage caused by the animals referred to in the paragraph. 1, they shall rule the common courts.
11. The Minister for the Environment, in consultation with the Minister responsible for agriculture and the Minister responsible for fisheries, will determine, by way of regulation, the procedure for assessing the damage and the way in which compensation is paid for the damage referred to in the paragraph. 1, as well as models of documents relating to the estimation of damages and calculation of damages, and time limits for the notification and assessment of damage, guided by the need to make an assessment of the actual injury and to accept the amount of the injury valuation at market prices.
12. The Council of Ministers may define, by means of a regulation, other than those mentioned in paragraph. 1 species of harmful animals for which the State Treasury is responsible, guided by the need to maintain quality protection of animals at risk of extinctions and causing damage to the human economy.
Chapter 11
Penal provisions
Article 127. [ Criminal liability] Who intentionally:
1. violates the prohibitions in force in:
(a) National Parks,
(b) nature reserves,
(c) landscape parks,
(d) areas of protected landscape,
(e) Natura 2000 sites,
2. violates the prohibitions in force against:
(a) natural monuments,
(b) documentary posts,
(c) organic land,
(d) nature and landscape complexes,
(e) (repealed)
3) does not report to the register referred to in art. 64 par. 1, held or breeding animals,
4) (repealed)
5) violates the prohibition referred to in art. 119a (1) 1,
6. places seal products on the market, contrary to the conditions laid down in the Article. 3 of Regulation (EC) No 1007/2009 of the European Parliament and of the Council of 16 September 2009. on trade in seal products (Dz. Urz. EU L 286, 31.10.2009, p. 36)
-is punishable by arrest or fine.
Article 127a. [ Possession of specimens of plants, animals and fungi protected by species protection] 1. Who, contrary to the provisions of the Act, shall enter into the possession of specimens of plants, animals, fungi which are subject to species protection in a number greater than the insignificant, in such conditions or in such a way that it has an effect on the conservation of the proper conservation status of the species,
shall be punished by imprisonment from 3 months to the age of 5.
2. If the perpetrator of the act referred to in paragraph. 1 acts inadvertently,
shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.
Article 128. [ Liability for failure to comply with the provisions on the movement of protected species and on the marketing of protected species] Who:
1) without the document required by the provisions referred to in art. 61 (1) 1, or contrary to its conditions, carried across the border of the European Union of a specimen of a species subject to protection under the provisions referred to in art. 61 (1) 1,
2. violates the provisions of European Union law on the protection of wild animals and plants in the field of regulating the marketing of wild animals by:
(a) non-submission of an import declaration,
(b) the use of specimens of certain species for a different purpose than that indicated in the import licence,
(c) the use of an unauthorised use of the prescriptions for the marketing of artificially multipliced plants,
(d) to offer the disposal or acquisition, acquisition or acquisition, use or display of a public for profit or loss, disposal, holding or transport for the disposal of specimens of certain plant or animal species,
(e) the use of an authorisation or certificate for an specimen other than the one for which it was issued,
(f) submission of an application for an import, export, re-export licence or certificate without prior notice of rejection of the application
-shall be punished by deprivation of liberty from 3 months to 5 years.
Art. 128a. [ Trafficking in specimens of species subject to protection] 1. Who deals with specimens of a species subject to protection under the provisions referred to in art. 61 (1) 1, in a number greater than that of a minor, in such conditions or in such a way that it affects the conservation of the relevant conservation status of the species,
shall be punished by imprisonment from 3 months to the age of 5.
2. If the perpetrator of the act referred to in paragraph. 1 acts inadvertently,
shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.
Article 129. [ The forfeiture of objects and the obligation to restore the previous state] In case of punishment for the offence referred to in Art. 127 or in Art. 131 or the convictions for the offence referred to in Article 131. 127a, art. 128 or in art. 128a court may rule:
1) forfeiture of objects for committing offenses or offenses and objects, plants, animals or fungi derived from transgressions or offenses, even though they were not the perpetrator's property;
2) the obligation to restore the previous state, and if such an obligation would not be feasible-a reference to the amount of 10 000 zlotys to the social organization operating in the scope of nature protection or the proper, due to the place of committing transgression or crime, the provincial environmental protection fund and water management.
Article 130. [ Notification of the forfeiture of specimens of species] 1. The Tribunal shall serve a copy of the final judgment of the forfeiture of specimens of the species:
1) the Minister for the Environment-in the case of protected species under the provisions of European Union law referred to in art. 61 (1) 1;
2) (repealed)
(3) to the regional director of environmental protection competent for the place where the offence or crime is committed, in cases other than those referred to in point 1.
(2) The specimens of species shall be transferred to the rightholders, designated by the administrative decision of the bodies referred to in paragraph 2. 1.
3. The bodies referred to in paragraph. 1, they may order, by administrative decision, the cost of the convicted, the reference to the specimens of the species in respect of which the forfeiture has been issued to the country from which they have been imported.
4. The Regional Director of Environmental Protection may order, by administrative decision, at the expense of the convicted, the killing of animals or the destruction of plants or fungus of alien species constituting the perpetrator's property.
Article 131. [ Criminal liability] Who:
1) conducting economic activity in the scope of trade in animals of species subject to protection under the provisions referred to in art. 61 (1) 1, does not, or does not transmit, provide appropriate documentation stating the legality of the animal's origin,
1a) grabs or kills wild animals as referred to in art. 49 point 1 (a) a and b by means of the devices, methods or methods referred to in art. 54,
2) without permission or contrary to its conditions will create or maintain a botanical garden, a zoo or a centre,
3. when carrying out the liquidation of a zoo or a centre does not ensure that conditions corresponding to their biological needs are present in the animals,
4. violates the prohibitions on dangerous animals for the life and health of the people referred to in art. 73 (1) 1,
(4a) it allows the animals of the species referred to in Article 4 to escape the species referred to in Article 4 (a). 73 (1) 1 or Art. 120 (1) 2,
5) without authorisation or contrary to its conditions, transfers from the botanical garden or the zoo to the natural environment of the plants or animals of species threatened with extinctive,
6) (repealed),
7) apply chemical agents on public roads and streets and squares in a manner significantly detrimental to the areas of greenery or to the revelations,
(8) carry out activities which require notification as referred to in Article 3. 118 (1) 1, without the filing of that declaration or not in accordance with the decision to object, referred to in Article 118 (1) Article 6 (1), either without obtaining or contrary to the conditions of the decision on the conditions for carrying out the operations referred to in Article 6 (1) 118 (1) 8, in the case of imposing an obligation to obtain it,
9) introduce into the natural environment or move in this environment the plants, animals or fungi of alien species,
10) without authorisation or against its conditions brings to the country, detained, conducts breeding, thawing or sells on the territory of the country plants, animals or fungi of alien species, which in case of release into the natural environment may threaten native species or natural habitats,
11) does not notify the regional director of environmental protection or the mayor, the mayor or the president of the city of discovering fossil remains of plants or animals,
12) firing meadows, pastures, non-grassland, ditches, roadside belts, railway tracks, reels or shupers,
13) contrary to the provisions of art. 125 kills animals, destroys plants or fungi or destroys habitats of plants, animals or mushrooms,
14) without authorisation or contrary to its conditions, violates the prohibitions on plants, animals or fungi protected by species protection
-is punishable by arrest or fine.
Article 131a. [ Forfeiture of dangerous animals for human life and health] 1. In the event of punishment for the offence referred to in Art. 131 point 4, the court may declare the forfeiture of dangerous animals for human life and health.
2. The animals referred to in the mouth. 1, shall be transferred to the entities entitled to hold them, designated by the Regional Director of Environmental Protection.
Article 132. [ Application of the Code of Conduct on Offense Cases] Adjudication on the matters referred to in Article 127 and 131, shall be based on the provisions of the Code of Conduct on Offences.
Chapter 12
Amendments to the provisions in force
Article 133. (bypassed)
Article 134. (bypassed)
Article 135. (bypassed)
Article 136. (bypassed)
Article 137. (bypassed)
Article 138. (bypassed)
Article 139. (bypassed)
Article 140. (bypassed)
Article 141. (bypassed)
Article 142. (bypassed)
Chapter 13
Transitional, adaptation and final provisions
Article 143. [ Ringing of birds] The rings used for the ringing of the birds before the date of entry into force of the Act shall not be replaced by the rings drawn up in accordance with the model laid down in the provisions referred to in Article 4. 55.
Article 144. (bypassed)
Article 145. [ Provincial Conservators ' Function] 1. The Provincial Conservationists established prior to the entry into force of the Act remain in the hitherto occupied positions.
2. On the day of the entry into force of the Act, the existing relations with the voivodships of nature conservators established on the basis of the appointment are converted into employment relations on the basis of the employment contract for an indefinite period of time, on working conditions and pay specified in the appointment.
Article 146. [ Exemption of application of the law] Article Recipe 108 (1) 2 point 5 does not apply to the Guard officers of the Park employed in the national park prior to the entry into force of the Act, for a period of not less than 10 years.
Article 147. [ Use of uniforms] The uniforms and uniforms of the uniforms of the staff of the National Parks Service and the Service of the Landscape Parks may be used in accordance with the existing formulae until the stocks are exhausted.
Article 148. (bypassed)
Article 149. (bypassed)
Article 150. (bypassed)
Article 151. [ Guards and Parks Service] The Park's guards, the National Park Service and the Landscape Park Service operating prior to the entry into force of the Act become respectively the Park Guard, the National Park Service and the Service of Landscape Park within the meaning of this Act.
Article 152. [ Transitional provision] 1. Tasks of the State Nature Conservation Board, provincial nature conservation councils, scientific councils of national parks, landscape parks councils or councils of landscape parks, until the appointment of the members of these bodies, perform respectively State Nature conservation council, provincial nature conservation commissions, national parks councils and parks councils.
2. The appointment of the members of the State Nature Conservation Council, provincial nature conservation councils, scientific advice of national parks, landscape parks councils or boards of landscape parks will take place within 6 months from the date of entry into force of the present laws.
Article 153. [ Transitional provision] The forms of nature protection referred to in art. 6 para. 1 points 1-4 and 6-10, created or introduced before the entry into force of the Act become the forms of nature protection within the meaning of this Act.
Article 154. [ Safety Plans] 1. The protection plans for national parks, nature reserves, landscape parks established in the period from 2 February 2001. until the date of entry into force of the Act become a protection plan within the meaning of this Act.
2. (repealed)
3. For landscape parks, which have been approved by the Regulation of the protection plans by 2 February 2001, shall be drawn up, with their use, protection plans within the meaning of this Act, within 6 months from the date of entry into force of this Act. laws.
Article 155. [ Parks of the municipal] The municipal parks established before the entry into force of the Act become municipal parks within the meaning of this Act.
Article 156. [ The protection zones shall stand, the places of breeding and the regular presence of animals of protected species] The protection zones shall stand, the places of breeding and the regular presence of animals of protected species, established before the entry into force of the Act, shall become the protection zones of the habitation, the places of breeding and the regular presence of animals of protected species in the meaning of this Law.
Article 157. [ Implementing rules] Existing implementing rules adopted on the basis of the provisions of the Act referred to in art. 161, retain the power until the entry into force of the implementing acts adopted on the basis of this Law.
Article 158. [ Transitional provision] For cases initiated before the entry into force of the Act, and not completed by a final decision, the provisions of the existing law shall apply.
Article 159. [ Liquidation of the National Board of National Parks] 1. On the day of the entry into force of the Act, the National Board of National Parks shall pass into liquidation. The assets and liabilities of the National Board of National Parks shall be taken over by the Minister responsible for the environment.
2. The liquidation of the National Board of National Parks is carried out under its previous name with the addition "in liquidation".
3. The employees of the National Board of National Parks on the date of entry into force of the Act become employees of the office serving the Minister responsible for the environment, subject to Art. 160.
4. The Minister responsible for public finance, in agreement with the Minister of Environment, by means of the regulation, will transfer the planned revenue and budgetary expenditure under part 41-the environment between the departments and the state budget chapters on tasks taken over by the Ministry of the Environment from the National Board of National Parks and will determine the employment limits and the amount of the remuneration by the departments and chapters of the state budget, with the preservation the purpose of public funds deriving from the Budget Act.
5. The transfers referred to in paragraph. 4, the restrictions resulting from the Article shall not apply. 96 (1) 2 of the Act of 26 November 1998. on public finances.
Article 160. [ Termination of employment relationships] 1. Work relations with employees referred to in art. 159 par. 3, expire after 3 months from the date of entry into force of the Act:
1. if, before the expiry of 2 months from the date of entry into force of the Act, new working conditions and wages for a further period of employment are not proposed to them, or
2) in the event of refusal to accept the new working conditions and the wages referred to in point 1, within a period not later than 2 weeks before the expiry of the 3 months from the date of entry into force of the Act.
2. The employer shall be obliged to notify, in writing, the employee of the date of expiry of the employment relationship and the consequences of non-acceptance of new working conditions and pay.
3. An earlier termination of the employment relationship by the employer may be followed by termination.
4. The employees referred to in art. 159 par. 3, retain the employees ' rights under the acts, on the basis of which their employment relationship arose before the entry into force of the Act, to the day:
1) referred to in paragraph 1. 1 point 2-if the proposed working conditions and the wages for a further period of employment have been adopted, or
2) the termination of the employment relationship referred to in paragraph. 1, or
3. the notice referred to in paragraph 1. 3.
5. In the event of termination of the employment relationship referred to in paragraph. 1, or denunciation referred to in paragraph 1. 3. The staff shall be entitled to the right referred to in Article 3. 8 of the Act of 13 March 2003. with special rules for the resolution of labour relations workers on the grounds of non-employees (Dz. U. of 2015 items 192).
Article 161. [ Repealed provisions] The Law of 16 October 1991 is repealed. o Nature conservation (Dz. U. of 2001. Nr 99, pos. 1079, of late. zm.).
Article 162. [ Entry into force] The Act shall enter into force on 1 May 2004, with the exception of Article 1. 39 and 134 point 2, which shall enter into force on 1 January 2005.
1) This Act shall apply to the implementation of the following Directives of the European Communities as regards its implementation:
1) Council Directive 79 /409/EEC of 2 April 1979 on the conservation of wild birds (Dz. Urz. EC L 103, 25.04.1979, p. 1, from late. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 15, t. 1, str. 98, of late. zm.);
2. Council Directive 92/43/EEC of 21 May 1992 (1) on the conservation of natural habitats and of wild fauna and flora (Dz. Urz. EC L 206 of 22.07.1992, p. 7, with late. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 15, t. 2, p. 102, of late. zm.);
3) Council Directive 1999 /22/EC of 29 March 1999. concerning the keeping of wild animals in zoos (Dz. Urz. EC L 94 of 09.04.1999, p. 24; Dz. Urz. EU Polish Special Edition, rozdz. 15, t. 4, str. 140);
4) Directive 2008 /56/EC of the European Parliament and of the Council of 17 June 2008. establishing a framework for Community action in the field of marine environmental policy (Marine Strategy Framework Directive) (Dz. Urz. EU L 164 of 25.06.2008, p. 19).
Annex 1. [ LIST OF LOCATIONS]
Annex to the Act of 16 April 2004.
LIST OF NATIONAL PARKS
1) Babiogórski National Park with its seat in Zawoi;
2) Białowieża National Park with its registered office in Białowieża;
3) The Biebrzanski National Park with its seat in Osowcu Fortress;
4) Bieszczadzki Park Narodowy with its seat in Ustrzyki Górnych;
5) Drawieński National Park with its seat in Drawno;
6) Gorczański National Park with its registered office in Porębie Wielka;
7) Kampinoski National Park with its seat in Izabelin;
8) The Krkonoše National Park with its seat in Jelenia Góra;
9) Magurski National Park with its seat in Krempna;
10) Narwiański National Park with its seat in Kurowa;
11) Ojcowski National Park with its registered office in Ojcowie;
12) National Park "Bory Tucholskie" with its registered office in Kharkishkov;
13) National Park of the Table Gór with its registered office in Kuproved-Zdroj;
14) National Park "Ujście Warty" with its seat in Chyrzyn;
15) Pieniny National Park with its seat in Krościenko nad Dunajcem;
16) Polesia National Park with its seat in Urszulin;
17) Roztoczański National Park with its seat in Zwierzyniec;
18) Słowiński National Park with its seat in Smołdzino;
19) Świętokrzyski National Park with its seat in Bodzentyn;
20) Tatrzański National Park with its registered office in Zakopane;
21) Wielkopolska National Park with its seat in Lakes;
22) Wigierski National Park with its registered office in Krzywem;
23) Woliński National Park with its seat in Międzyzdroje.
[ 1] Article 8h (c) 2 point 8 added by art. 2 point 1 of the Act of 11 March 2016. amending the Act on forests and the Act on the Conservation of Nature (Journal of Laws of the Republic of Europe) 422). The amendment came into force on 15 April 2016.
[ 2] On the basis of art. 49 point 2 of the Act of 18 August 2011. security and rescue in the mountains and in the organized ski areas (Journal of Laws No. 208, item. 1241) art. 15 para. 6 was added on 31 December 2011; on the basis of art. 1 point 8 (a) c) of the Act of 18 August 2011. amending the Nature Conservation Act and some other laws (Journal of Laws No. 224, pos. 1337) art. 15 para. 6 was added again on 1 January 2012. The scope of the regulation of the two paragraphs is completely different, as a result of which they were placed in the same editorial unit, but as separate paragraphs with the same designation.
[ 3] The rates for the removal of trees and shrubs given in the Act are out of date.
Fee rates for removal of trees and shrubs in force in 2016 were announced in the Notice of the Minister of the Environment dated 28 October 2015. on the fee rates for the removal of trees and shrubs for the year 2016 (M.P. pos. 1064).
[ 4] The rates for the removal of trees and shrubs given in the Act are out of date.
Fee rates for removal of trees and shrubs in force in 2016 were announced in the Notice of the Minister of the Environment dated 28 October 2015. on the fee rates for the removal of trees and shrubs for the year 2016 (M.P. pos. 1064).
[ 5] Article 96 (1) 1 in the wording set by Article 1. 2 point 2 (a) a) of the Act of 11 March 2016. amending the Act on forests and the Act on the Conservation of Nature (Journal of Laws of the Republic of Europe) 422). The amendment came into force on 15 April 2016.
[ 6] Article 96 (1) 1a added by art. 2 point 2 (a) b) of the Act of 11 March 2016. amending the Act on forests and the Act on the Conservation of Nature (Journal of Laws of the Republic of Europe) 422). The amendment came into force on 15 April 2016.
[ 7] Article 96 (1) 1b added by Art. 2 point 2 (a) b) of the Act of 11 March 2016. amending the Act on forests and the Act on the Conservation of Nature (Journal of Laws of the Republic of Europe) 422). The amendment came into force on 15 April 2016.
[ 8] Article 96 (1) 1c added by art. 2 point 2 (a) b) of the Act of 11 March 2016. amending the Act on forests and the Act on the Conservation of Nature (Journal of Laws of the Republic of Europe) 422). The amendment came into force on 15 April 2016.
[ 9] On the basis of the judgment of the Constitutional Court of 21 July 2014. (Journal of Laws pos. 1002) Art. 126 (1) Article 1 (1) in the section covering the words 'in crops, agricultural crops or in forestry' is not compatible with Article 1 (1) (a) of the Regulation. 32 par. 1 and Art. 64 par. 2 of the Constitution. Article 126 (1) 1 point 1 in the abovementioned The extent of which expired on 30 July 2014.
[ 10] On the basis of the judgment of the Constitutional Court of 21 July 2014. (Journal of Laws pos. 1002) Art. 126 (1) Article 1 (2), in the section covering the words "on the head of livestock", is not compatible with Article 1 (2). 32 par. 1 and Art. 64 par. 2 of the Constitution. Article 126 (1) 1 point 2 in the abovementioned The extent of which expired on 30 July 2014.
[ 11] On the basis of the judgment of the Constitutional Court of 21 July 2014. (Journal of Laws pos. 1002) Art. 126 (1) 1 point 3 in the section covering the words "in the head of livestock" is not compatible with the Article. 32 par. 1 and Art. 64 par. 2 of the Constitution. Article 126 (1) 1 point 3 in the abovementioned The extent of which expired on 30 July 2014.
[ 12] On the basis of the judgment of the Constitutional Court of 21 July 2014. (Journal of Laws pos. 1002) Art. 126 (1) Article 1 (4), in the section covering the words "in the apiary, in the head of livestock and in agricultural crops", is not compatible with the Article. 32 par. 1 and Art. 64 par. 2 of the Constitution. Article 126 (1) 1 point 4 in the abovementioned The extent of which expired on 30 July 2014
[ 13] On the basis of the judgment of the Constitutional Court of 3 July 2013. (Journal of Laws pos. 842) art. 126 (1) 1 point 5 in so far as it limits the liability of the State Treasury for damage caused by beavers only to damage arising from the agricultural, forestry or fisheries holding, is inconsistent with the art. 32 par. 1 and Art. 64 par. 2 of the Constitution. Article 126 (1) 1 point 5 in the abovementioned The extent of which expired on 26 July 2013.
[ 14] On the basis of the judgment of the Constitutional Court of 21 July 2014. (Journal of Laws pos. 1002) Art. 126 (1) 4 in so far as it limits the number of entities that can interact with the regional director of environmental protection, and in the area of the national park-with the director of this park, as to the ways of securing against damage caused by animals, o referred to in paragraph 1: 1, to the owners or users of agricultural and forestry holdings and to the extent to which it limits the property which is subject to security is incompatible with the art. 32 par. 1 and Art. 64 par. 2 of the Constitution. Article 126 (1) 4 in the above The extent of which expired on 30 July 2014.
