Legal instruments of greenery in the areas other than forest

key words: protection of greenery, legal instruments, administrative law regulations

Summary:

The article presents mechanisms operating in Polish legal system aiming at protection of greenery (trees and bushes), in the areas other than forest grounds, on the basis of administrative law regulations. The paper focuses on the problems of tree (bush) removal permit, conditions of its obtainment, particular obligation imposed on the property owners and involving a payment resulting from this obli-gation and the exemptions from this duty. Moreover, the Authors addressed the is-sue of consequences of a lack of this permit, which assume a real shape in the ad-ministrative decision of the district authorities imposing a financial penalty. The article analyzed also the problem who should be the addressee of the administrative decision imposing a penalty for unlicensed tree (bushes) removal and to what available legal remedies such person is entitled. In conclusion it was stated that Polish legal system properly protects greenery and legal awareness of the citizens is high, the more so as, the information that removing trees (bushes) without a permit could have far-reaching consequences, the range of which in many cases may exceed financial possibilities of a person who undertook such activities, becomes a common knowledge. In conclusion of the article the Authors postulate at least a gradual implementation of legal solutions specially aiming at protection of the persons who although were guilty of illegal interference into a tree stand (removed trees or bushes) without permission and so are facing financial penalty, yet their interference was justified by the circumstances (e.g. the state of necessity resulting from threat to human life, health or property).

Citation:

Gawroński K., Gawrońska K. 2012, vol. 9. Legal instruments of greenery in the areas other than forest. Infrastruktura i Ekologia Terenów Wiejskich. Nr 2012, vol. 9/ 02 (4 (Dec 2012))