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Prawne aspekty leśnictwa miejskiego w Polsce

51%
In Poland, the public believes that the main objective of urban forests is rather to conduct forest management focused on the recreational needs of residents than to produce timber. Considering this belief, it becomes reasonable to distinct the principles of forest management in urban forests from those related to the forests of the State Forests National Forest Holding. Because of the permanent presence of people in the city woods, the managing authorities of such areas should also educate the residents, while forest management should be subordinated to social functions, especially the recreational one. However, Poland lacks the unified system of managing the urban forests, not only at the national scale (there is no central independent organizational unit), but also at the level of individual cities, where various municipal units manage urban woodlands. In practice, each city has its own, individual solutions in this regard. The governing bodies of urban forests face with many problems in their activity. These problems are associated with a strong process of urbanization and human pressure on forest areas, while on the other hand there are no formal legal basis (laws, regulations, instructions) relating the municipal forests. The paper reviews the literature on urban forestry and urban forests worldwide to present the existing legislative frameworks and to propose some changes, based on the current Act on Forest. It was stated that urban forestry in Poland is located in its ‘narrow' definition, based on the traditional forestry, giving priority to the multiple social functions. The proposed changes in forest legislation are part of the discussion on municipal forests and urban forestry in Poland, aiming once again to draw attention to the fact that they are almost ignored in the Polish legislation. The indicated areas for improvements and supplements suggest issues the most important and urgent to solve, but they are not a comprehensive solution on this subject. In order to strengthen the supervision of urban forests in Poland, it is essential to consider the restoration of central supervision, coordinating activities of urban foresters by the development and implementation to the practice unified legal regulations, as well as to give wide autonomy to cities.
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51%
In the EU countries a forest management plan is a common, however not always obligatory, document updated every 10 years. According to the type of the forest property and its area it may differ in terms of the form and specifity. The forest management in Poland has a long history dating back to the end of 18th century. Nowadays, before each new decade, there is a discussion on the changes, which may improve the whole process of forest management and its final document. The aim of the paper is to present current legal determinants and selected problems, which occur in Poland as well as the major threads of the present discussion. The type of the forest property does not affect the principles of protection, extension of forest resources and forest economy. The protective function of forests requires its uniform consideration itself. On the other hand, the social and productive functions allow for different legal regulations within the State and private forests what results in different forms of the forest management plans. A well−prepared forest management plan allows to maintain all the natural values of the multifunctional forest. It is also a basic source of information for the authorities, society, and other units, which collect data on forestry. The arrangement of the content of the forest management plans needs the consideration because they often include useless information. Moreover, there is also too much specific information. The protection of forest biodiversity causes the increase of costs for the forest economy, however the benefits are incommensurate to expenditure, since well−managed forest ecosystems provide a lot of social services. In order to show this relations the economical appendix (e.g. business plan) to the forest management plan should be prepared. It would enable to describe all the economical determinants of forest area. In view of Polish long tradition of forest management a great importance to the forest management plan is being still attached. On the other hand, some new environmental, climatic, political, social and economical conditions necessitate a verification of the rules of the regulation of forest utilization. Social expectations should be considered, especially in case of forest functions and the participation in selected stages of the process of the forest management plan preparation.
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51%
In Poland, private forests cover the area of 1,774,698 ha, which constitutes 19.2% of total forest area in the country. It is assumed that their actual share is much bigger, because about 300,000 ha of agricultural grounds covered with secondary succession forests, have not been classified as a forest grounds. In 2013, the complete and actual forest management documentation was prepared by 68.7% of private forests. The stand tending, especially commercial thinnings, cannot be legalized without mentioned documentation. What is more, the update of the Forest Data Bank was made according to the incomplete information on forest description and regulation of forest utilization. Nevertheless, private forests are an important ecological and economical element of Polish land use, and it is supposed that their importance will increase in the future. In Poland, there are some certain problems and expectations related to the private forests. The aim of the paper is to present selected aspects on private forests like their history, legal basis, and problems that occur during the preparation of documentation. The private forests have never been given proper consideration. The owners did not have an organized system of aid and consultancy. In 1991, existed separated legal basis were replaced by a common regulations for all types of the property of the forests. Poland’s accession to the EU caused the growth of expectations of private forests. Unfortunately, previous neglects, resulted mainly from the agricultural reform after 1944, weren’t eliminated, and their effects are still noticeable. Present legal basis is insufficient and sometimes imprecise. Another problem is the lack of supervision in case of the abridged forest management plan or forest inventory. Furthermore, the Forest Act does not precise who is to pay for preparing these documents. Also, the legal character of abridged forest management plan is often discussed. Private owners often treat forests as a source of financial profits by commercial thinnings or conversion of forest land into building land. Owners do not seem to be interested in the forest regeneration or forest tending as these are source of cost. Also non−productive servicing is not their goal. There is a need for elaboration of economical and legal solutions, which would make amends to private forest owners servicing some social or ecological functions. The supervisory authorities should get clear procedures related to the private forests.
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