A draft bill on social control over forests has been submitted to the Prime Minister’s Office, Deputy Minister of Climate and Environment Mikołaj Dorożała informed the Sejm on Thursday. He explained that the project assumes an increase in the role of social organizations in forest management.
On Thursday in the Sejm, Dorożała answered a question from MP Rafał Kasprzyk (Poland 2050-TD) regarding changes in forest management, in the context of the CJEU judgment.
Nature conservation is more important than the economy
This concerns the judgment of the Court of Justice of the European Union of March 2023 in the case of the so-called good practices in forest management. The CJEU ruled, among other things, that species protection is more important than forest management and that the public should be able to challenge plans regarding forests.
“Today we have submitted a draft amendment to the act regarding social control over forests. This is the effect and result of, among others, judgments of the European Tribunals. This draft is submitted to the Chancellery of the Prime Minister,” said Deputy Minister Dorożała.
He announced that the bill submitted to the Chancellery of the Prime Minister is intended to increase the participation of citizens and social organizations in forest management.
“You cannot pretend in the 21st century, in 2024, that society has no say in the matter of forests,” the deputy minister emphasized.
Dorożała informed that the project assumes the inclusion of the regional directorate for environmental protection, as well as municipal councils, in the system of decisions on forest management.
“That’s what this whole philosophy is about: combining these three important elements in forests: the natural, social and economic aspects,” he commented.
Dorożała added that the project also gives the opportunity to challenge forest-related plans within 30 days if they do not meet the adopted good practices, even if they are signed by the minister.
It will be possible to appeal against Forest Management Plans
At the end of April, Dorożała announced in an interview with PAP that the ministry was working on a draft law that would introduce the possibility of appealing to forest management plans (PUL) by social organizations to administrative courts. He explained that currently consultations with social organizations regarding forest management plans are not obligatory.
The representative of the Ministry of Environmental Protection then explained that the new regulations were intended to “empower all social and ecological organizations” in the area of PUL development. He added that the role of regional environmental protection directorates, which will issue opinions on these documents, is also to be strengthened. Commune councils are also to present their opinion on PUL in their area. The Ministry of Health is also to be involved in the process, which would provide opinions on PULs regarding health resort forests.
“After the decision to approve the PUL, we anticipate a 30-day period during which it will be possible to challenge this document to court,” added Mikołaj Dorożała.
Local social organizations associated with a given area would be entitled to appeal against the PUL. Organizations, associations and foundations that have already been registered (at least for 12 months) would have the right to file a complaint against the PUL. The new regulations would include a catalog of grounds on the basis of which it will be possible to challenge PUL to court.
Inconsistency of Polish regulations with EU regulations
The Court of Justice of the EU pointed out the inconsistency of Polish regulations with EU regulations regarding the possibility of bringing a PUL lawsuit to court in 2023. For example, a few years ago, environmental organizations tried unsuccessfully in administrative courts to block changes to the PUL of three forest districts in the Białowieża Forest, which assumed greater tree cutting.
Forest Management Plan (PUL) is a basic forest management document developed for a specific forest district. It contains a description and assessment of the condition of the forest as well as the goals, tasks and methods of forest management. It is prepared every 10 years, among others. pursuant to the Forest Act.
