“Paulina Hennig-Kloska issued a decision to stop or limit deforestation in 10 locations – mostly in the most valuable natural forests. This is an extraordinary event. The idea is to stop cutting immediately. Systematic solutions will be developed after consultation with foresters. ecologists and local authorities”, he said recently. TVN24. Most of the Polish media also covered the decision. The problem is that the Minister's decision missed not only the form of the Act, but even the form of the Minister's Regulation.
Portal Dorzeczy.pl received a letter from Minister Paulina Hennig-Kloska banning the tree. The document provides two legal bases.
It is important that the Minister of Climate and Environment Protection cannot, according to the article. Section 34a of the Act 1 of the Council of Ministers to issue an order prohibiting the cutting of trees. This article refers to the issuing of mandatory instructions and orders by the ministers to the heads of the central offices and the heads of other agencies and organizational units, so that the principles and directions of their activities conform to the policies established by the Council of Ministers.
The second ground is also wrong. Therefore, Paulina Hennig-Kloska cannot, according to art. 5 Section 1 of the Forest Act to issue orders prohibiting the cutting of trees. This article deals with the supervision of forest management in state forests and not with the issuing of orders prohibiting logging.
We analyzed the legal provisions cited by Hennig-Kloska. According to the mentioned article of the Law on State Forests, the supervision of forest management in state forests is carried out by the minister responsible for environmental protection issues and includes: monitoring of the implementation of separate provisions of the Law on Forests and forest management, issuing a conclusion. On forest management plans and forest management programs, issuing permits for the creation or expansion of protection areas in forests and issuing permits for the use of forest lands for forest purposes for other purposes.
The Minister for Climate and Environment can issue an “order” to prohibit the cutting of trees in state forests, but only on the basis of art. Section 16 of the Forest Law 1. This article states that the minister has the right to prohibit the cutting of trees in state forests for a specified period of time, in accordance with the rules of regulation, in justified cases. However, the minister has not published the regulation. So it looks like the ban is… illegal.
The reasons for banning forest clearing are listed in the act. It is a threat to public safety, the natural environment, human health or life, water resources and natural resources. However, journalists do not ask about the legal basis in this case.
Interestingly, the map with the marked areas to be covered by the new regulations was presented by the Deputy Minister of Climate and Environmental Protection, Mikolaj Dorozhala. Journalists also do not ask the “secret” employees of Dorozhala, who indicated the places where foresters are forbidden to enter with saws.
Minister Paulina Hennig-Kloska's predecessors have repeatedly issued orders to ban cutting trees in state forests. The last such order was issued on December 28, 2022. The cause became a threat to public safety due to a forest fire in the Pomeranian Voivodeship. However, this had nothing to do with political propaganda.
Robert Virostkevich
(tags translated)Hennig-Kloska