Leśne wspólnoty gruntowe w Polsce: przeszkody w ich funkcjonowaniu

Autorzy

• Emilia Wysocka-Fijorek Instytut Badawczy Leśnictwa, Zakład Geomatyki
  Sękocin Stary, ul. Braci Leśnej 3, 05-090 Raszyn
  Tel. +48 22 7153813, e-mail: e.wysocka-fijorek@ibles.waw.pl
• Wojciech Gil Instytut Badawczy Leśnictwa, Zakład Hodowli Lasu i Genetyki Drzew Leśnych, Sękocin Stary
  ul. Braci Leśnej 3, 05-090 Raszyn
• Anna Głowacka Instytut Badawczy Leśnictwa, Sękocin Stary
  ul. Braci Leśnej 3, 05-090 Raszyn

Abstrakt

Forest communities (pl. leśne wspólnoty gruntowe) in Poland are an important part of the natural environment and play a significant role in sustainable forest management. They are a form of co-ownership of land, mainly forests, by village inhabitants. In the past, farmers used these common lands for their livelihoods by collecting firewood, grazing, and harvesting wood and undergrowth, initially forming communal structures based on unwritten norms. During the Partitions of Poland, their legal status varied: in the Austrian Partition, they were regulated (e.g. by Joseph II’s patent of 1781); in the Prussian Partition, they were transformed into organised forest societies; and in the Russian Partition, they were largely tolerated but not regulated. After Poland regained independence, the decree of 1923 created a legal basis for the formal administration of these forests. While most forests were nationalised during the People’s Republic of Poland, some communities survived, especially in mountain regions such as the Beskids and Podhale, due to strong traditions of communal forest management. After 1989, a restitution process based on the 1963 law began, with these communal forests often managed by forestry companies. They have statutes, elect boards of directors, implement forest management plans and participate in environmental projects. Due to the special nature of forest ownership and the need to conserve forest resources, the management of private forests, including community forests, is supervised by local government authorities (pl. starostwo). The public’s right to information, enshrined in Article 61 of the Polish Constitution, is regarded as a subjective right that ensures the transparency and efficiency of public authorities. This right is established in the Act on Access to Public Information of 2001. In forestry, public information includes all data on the activities of bodies supervising forest management. For state forests, supervision is the responsibility of the Ministry of Climate and Environment, while for private forests, including those owned by municipalities, local government authorities (pl. starostwo) are responsible for supervision. The right to public information is universal; anyone may request access regardless of citizenship, residence, age, or legal interest. Our study aimed to identify the key legal, organisational, and informational barriers that hinder the effective and sustainable functioning and management of forest communities in Poland by assessing their current legal status and actual functioning, with particular emphasis on recognising and evaluating these barriers. We collected public information on forest communities from local government authorities in six provinces with the largest share of private forests. We requested address data for the communities (especially those with management companies) and information on their land structure (forest, agriculture, meadows, pastures). Based on this data, a survey with 23 questions was sent to 670 municipalities with forests and registered management companies. The questions covered aspects such as location, year of foundation, land use, timber sales and profit distribution, fire insurance, inheritance, changes to statutes, land register status, and evaluation of the 1963 law. The survey results indicated a very low response rate: only 26 municipalities responded, of which 22 were ultimately analysed. The municipalities analysed were mainly from the Małopolskie (13) and Lubelskie (6) provinces. The area of these communes varied greatly, ranging from 1.67 ha to 1,267 ha, with an average of 196.5 ha. Some communes consisted exclusively of forests (7 out of 22), while others had mixed land use, including pastures and arable land. The largest forest areas were located in the Małopolskie Province, particularly in the municipalities of Sławków (1,170 ha), Siewierz (908 ha), and Zubrzyca Dolna (496 ha). The years of establishment of the municipalities also varied considerably. The oldest parish analysed, Wspólnota Leśno-Gruntowa w Siewierzu, was established in 1523, while 30% were established only after the 1963 Act. Most of the communes managed land for a single village, with an average of 183 members. Regarding timber management, seven communes did not harvest any timber, and only six sold timber on a large scale. For those that harvested timber, the annual timber yield per member ranged from 0.1 to 6 m³ for firewood and from 0.5 to 7.5 m³ for sawlogs. Only one municipality (Siewierz) expressed interest in online timber sales. The statutes of five forest communities provided for the distribution of profits from timber sales among members. Management measures included final felling, thinning, afforestation, and forest regeneration. Only four communities had regulated land registrations, and many reported changes in their managed area, most of which were declining. About 30% of the communities indicated that their statutes needed to be amended, for example, regarding the transfer of shares to family members. A significant number (nine) were interested in joining a provincial to access funding (e.g. for reforestation, road rehabilitation) or to address legal issues relating to shareholders. Nine municipalities also highlighted the need for amendments to the 1963 Act to enable more effective land management.

Słowa kluczowe

• bariery
• spółka
• udostępnianie informacji
• non-state forests
• information provision
• barriers
• zarządzanie
• lasy niepaństwowe
• company
• management
• private forests
• lasy prywatne