Highlights 

• The draft provides that forest management plans and simplified forest management plans will be approved by way of an administrative decision.  
• The rules governing public participation, including that of local community organisations, in the plan-drafting process have been strengthened and clarified, with a view to ensuring greater transparency and reducing conflicts between foresters and other members of the public. 
• Instead of merely seeking opinions, there will be an obligation to consult on the plans with regional directors for environmental protection (RDEP) and the Director-General for Environmental Protection, which will ensure even better protection of areas of high natural value. 
• Local councils will be involved in the process of providing opinions on draft Forest Management Plans (FMPs) and forest district managers will be required to provide them with annual reports on the implementation of these plans. 
• The draft provides for the introduction of fines for conducting forest management without an approved plan. 
• The amendment also provides for the exemption of forest owners from liability for accidents in the forest if they are the result of natural forces or if they occurred in a manner for which the forest owner (or manager) is not liable.  

Judicial review  

The proposed amendments provide that both forest management plans and simplified forest management plans will henceforth be approved by way of an administrative decision, which is of crucial importance for the transparency and oversight of these processes. Thanks to this solution, civil society organisations conducting statutory activities in the field of nature conservation, as well as representative employers’ organisations, will gain the official right to lodge complaints with the administrative court, which will enable the legality of approved plans to be effectively scrutinised.  

Furthermore, under the general provisions, the right to lodge a complaint with the court will also be available to the applicant (the forest owner) themselves, to parties with a legal interest in the matter, as well as to the Ombudsman and the public prosecutor. 

Enforcement of CJEU judgments 

The proposed amendments are a response to the CJEU judgments of 2 March 2023 in Case C-432/21 and of 17 April 2018 in Case C-441/17. The Court highlighted the inability of environmental organisations to effectively challenge forest management plans. These plans are key documents, drawn up every 10 years for each of the 429 forest districts in Poland, and set out in detail how forest management, including timber harvesting, should be conducted. The new legislation is intended to ensure that forest management is more transparent and in line with environmental protection requirements.