Forests in Poland cover almost 9.1 million ha, constituting almost 1/3 of the country’s area. Forests have many important functions, such as: economic, social and ecological. Forest management (including timber production) is one of the most important branches of the national economy, along with trade, agriculture or construction. Forest law is not a separate branch of law. It is most often seen as part of environmental law. The Forest Law contains principles of general forest management, which are also principles of forest law. Read the article to the end to find out what forest law is.
Cutting down trees without a permit
Amendments to the Forest Law on the 16th of December 2016, allowed property owners to cut down trees and shrubs growing on their own garden without first obtaining a permit. The updated provision caused a huge increase in the removal of trees not only from private land. The situation was compounded by the fact that the provisions in the law were vague and could easily be circumvented. Studies show that in six months in 2017 as many trees were removed from private land as in the last 10 years. Protests in the community caused the government to back away from the new provisions of the law, returning to a situation where a permit is required (the provisions, however, have a different provision than before. It is not necessary to apply for a permit in every case – much depends on the type of tree and its circumference).
What is a forest law? – Preemption in the purchase of private forests
Other provisions in the Forest Law adopted in 2016 are regulations on the purchase of private forests. Under the new regulations, the State Treasury (in the form of the State Forests) has the right to purchase or pre-empt private forests. This is due to the plan to increase the forestation of Poland (in 2050 it is to be 33% of the area with the current 29%). The second reason is the unwillingness of foreigners to buy forest areas. The right of pre-emption will apply if forest land is purchased under a sale agreement. The buyout will occur when the land is disposed of on the basis of an agreement other than sale, e.g. on exchange or donation. In the case of a donation, this will happen after a court decision or enforcement proceedings.