The institution of a fee for the removal of trees and bushes in the Polish legal system

Polish Journal of Materials and Environmental Engineering Pub Date : 1900-01-01 DOI:10.53052/pjmee.2021.1.04

A. Harat

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Abstract

In Polish legislation, there are various legal grounds for paying environmental fees. One of the legislative solutions that provides for this type of economic and legal instrument is the removal of trees and bushes from real estate, which is the subject of this article. The economic consequences of such activities are specified in the Nature Conservation Act of April 16, 2004. Apart from specifying the amount of fees due, the above mentioned legal regulation contains detailed substantive and procedural solutions relating to this type of activity. As a rule, the removal of a tree (bush) from the property requires a permit, which is usually issued by the head of the commune (mayor). The fee required to pay is the product of the number of centimetres of a tree trunk at the height of the so-called breast diameter (130 cm) and the rate indicated in the executive regulation to the act. In the case of bushes, the fee is calculated on the basis of the size of the area they occupy. A characteristic feature of the discussed financial instruments in the Polish legal system were the inconsistent and relatively frequent, especially in recent years, changes in the legal status presented in the article. Initially, they were characterized by rapid liberalization of the applicable regulations, which was reflected in the waiver of the obligation to obtain permission in the form of an administrative decision, and complete deformalisation of activities related to the removal of a tree (bush) from the property owned by natural persons, if the tree (bush) was removed for purposes not related to running a business. Then, it was noted that this type of regulation did not sufficiently control the process. As a result, the provisions were amended again. This time they were based on a compromise solution, which was the obligation to report one’s intention to remove a tree or a bush to a competent authority. Pol. J. Mater. Environ. Eng. June 2021, vol. 1(21), 38–45

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波兰法律制度中对树木和灌木的移除收取费用的制度

在波兰立法中，支付环境费有各种法律依据。提供这种经济和法律工具的立法解决方案之一是从房地产中移除树木和灌木，这是本文的主题。这些活动的经济后果在2004年4月16日的《自然保护法》中有详细规定。上述法律条例除了规定应付的费用数额外，还载有与这类活动有关的详细的实质性和程序性解决办法。一般来说，从财产中移走树木(灌木)需要许可证，许可证通常由公社负责人(市长)颁发。所需支付的费用是树干在所谓的胸径高度(130厘米)处的厘米数与该法案执行条例中规定的费率的乘积。在灌木的情况下，费用是根据其占地面积的大小计算的。波兰法律制度中所讨论的金融工具的一个特点是不一致和相对频繁，特别是近年来，文章中提出的法律地位的变化。最初，它们的特点是适用条例迅速自由化，这反映在放弃以行政决定的形式获得许可的义务，以及从自然人拥有的财产中移走一棵树(灌木)的有关活动完全不规范化，如果这棵树(灌木)是为了与经营业务无关的目的而移走的。然后，有人指出，这种监管不能充分控制这一过程。结果，这些规定再次得到修正。这一次是基于一个折衷的解决方案，即有义务向主管当局报告砍伐树木或灌木的意图。波尔。j .板牙。环绕。Eng。June 2021, vol. 1(21)， 38-45

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Polish Journal of Materials and Environmental Engineering

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