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EN
In Poland, there are large discrepancies between the area of forest lands recorded in land−use registers of local authorities and the actual state of forest area in the field. These discrepancies were estimated to 800,000 hectares in 2016, which is 2.5% of the land area of Poland. The divergences result primarily from different definitions of a forest in forest regulations and legislation concerning land−use registry and the insufficient update of land registry databases. The aim of the paper is to define the major causes of reclassification of non−forest lands into forest lands and to determine the origin of forests on those lands. The study is based on a mail questionnaire survey carried out in all local public authorities all over the country (altogether 314 rural and 66 municipal counties). The questions focused on manners lands were used in a county, including the area of artificial and natural afforestation and the area of lands reclassified into forest lands over the period 2009−2013, as well as causes of such reclassification. Altogether 232 responses were collected (61.1%), 122 of which contained data of sufficiently good quality. The results show that afforestation of non−forest lands were mostly carried out in an artificial way. Reclassification into forest lands was conducted almost exclusively within rural counties. The reclassified lands were largely regenerated by natural succession. The key factor of land reclassification were works related to forest management planning in non−state owned forests. Afforestation carried out within the Rural Development Programme, co−financed from EU funding, was the second most important factor. In case of afforestation, land reclassification is obligatory no later than in the fifth year after a new forest was planted. The paper concludes with suggestions that there are no effective legal regulations that would make land owners to reclassify their afforested lands into forest lands, except cases of agricultural lands afforestation within the Rural Development Programme. Therefore, it is recommended to seek to cover all non−state owned forests with forest management plans and to obtain the compliance of land registries with the real situation in the field.
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EN
This chapter concerns the assessment of the provisions of the Act of 10 July 2015 amending the Act on the protection of agricultural and forest land and their impact on the possibility of interference in the non-agricultural investment planning in planning acts. The regulations introduced by this amendment make it possible to allocate agricultural lands, constituting arable lands of classes I-III, for non-agricultural purposes without the obligation to apply for permission to the Minister of Agriculture and Rural Development. It is therefore reasonable to consider which agricultural lands meet the conditions set out in the provision in the context of the objectives of the Act on the Protection of Agricultural and Forest Plants, intentions of the draft Act amending the Act on the Protection of Agricultural and Forest Plots from 2015 and emerging judicial and administrative jurisdiction.
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