Migration corridors, armed park guards and stricter penalties for littering – new regulations protecting nature

The Ministry of Climate and Environment has prepared a draft amendment to the Nature Conservation Act, introducing many changes compared to the legislation in force for the past two decades. The ministry assures that the new regulations will help reduce damage to the natural environment and improve the functioning of protected areas.

Parks and reserves with strengthened protection

The amendment prepared by the Ministry of Climate and Environment significantly increases the importance of national parks, landscape parks and nature reserves in Poland. Employees of the Park Guard, the National Park Service and the Landscape Park Service will be granted the status of public officials and will be able to respond more effectively to violations of regulations – they will have the right to check visitors’ identity and carry firearms. Prohibitions applicable in national parks and requirements for their directors will also be clarified.

Regional nature conservation authorities will also gain new prerogatives, allowing them to actively prevent activities harmful to the environment without the obligation to notify law enforcement authorities in advance. The Chief Inspectorate of Environmental Protection is to become the body coordinating and reporting on the Birds Directive and the Habitats Directive.

The draft also provides for simplifying the rules for establishing new Natura 2000 areas and introducing a new nature conservation instrument: migration corridors. These are intended to facilitate the movement of wild animals, and within their boundaries the construction of buildings or fences will not be permitted.

National parks will gain the right of first refusal from the State Treasury for real estate located within their boundaries, while municipalities will lose the ability to block the process of expanding landscape parks. Additionally, private landowners will be obliged to grant scientists access to their land for the purpose of conducting environmental research. At the same time, they will gain the right to apply for such areas to be placed under protection.

New rules regarding wild animals

The amendment also provides for the clarification of regulations concerning offences and misdemeanours related to protection under the CITES Convention (on international trade in endangered species of wild fauna and flora). Regional Directorates for Environmental Protection will be able to conduct ad hoc inspections in this area. Moreover, the catalogue of entities that can co-finance the activities of animal rehabilitation centres will be expanded to include, among others, municipalities.

The provisions proposed by the Ministry of Climate and Environment are also intended to protect society from potential conflicts with native fauna. To this end, the ministry plans to introduce the possibility of scaring off large animals, such as bears and bison, using non-penetrating ammunition (rubber bullets). Feeding and luring protected animal species will, however, be prohibited.

The Ministry also plans to extend the scope of liability for damage caused by protected animals. The new regulations provide for compensation for damage to property, provided that the injured party had a permit to use it and secured it appropriately. This change is a response to a ruling of the Constitutional Tribunal from 2013.

Higher penalties for littering in forests

The amendment to the Nature Conservation Act also targets littering. The currently applicable penalties for leaving waste in forests will increase up to fivefold. Littering in forests will be subject to a fine of at least PLN 1,000 (currently PLN 500), while burying, submerging or storing waste in forests may result in fines of PLN 5,000 to 10,000 (currently PLN 1,000).

What next?

The draft amendment has been published on the website of the Government Legislation Centre and is currently subject to public consultation. Every Polish citizen has the right to review it and submit comments by 14 April this year, using a dedicated form or by sending an email directly to the Ministry of Climate and Environment ([email protected]).