- Tytuł:
-
Instytucja opłaty z tytułu usuwania drzew i krzewów w polskim porządku prawnym
The institution of a fee for the removal of trees and bushes in the Polish legal system - Autorzy:
- Harat, Andrzej
- Powiązania:
- https://bibliotekanauki.pl/articles/2054007.pdf
- Data publikacji:
- 2021
- Wydawca:
- Akademia Techniczno-Humanistyczna w Bielsku-Białej
- Tematy:
-
opłaty środowiskowe
usuwanie drzew i krzewów
ekonomika środowiskowa - Opis:
- 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.
- Źródło:
-
Polish Journal of Materials and Environmental Engineering; 2021, 1(21); 38-45
2720-1252 - Pojawia się w:
- Polish Journal of Materials and Environmental Engineering
- Dostawca treści:
- Biblioteka Nauki
Artykuł