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Producent rolny jako podmiot korzystający ze środowiska

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Król M.
Studia Iuridica Agraria
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2013
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vol. 11
277-291
EN
Permanent degradation of the environment and the growing number of natural disasters have caused environmental problems of greater importance. Integrating environmental issues in society requires entities to consider them at legal end economic accounting, as well as technical level. The aim of this paper is to present the legal situation of the agricultural producer conducting agricultural production based on the binding regulations relating to entity who uses of the environment. According with the accepted interpretation of the regulations on business activity agricultural producers are treated as entrepreneurs and subjected to liability for environmental damage although legal analysis shows the numerous exceptions. On the other hand the analysis shows the severe limitations imposed by the entity maintaining agricultural activity, established because of the risk behavior of individual elements of the environment, conservation of natural habitats and species. Many activities in the agricultural industry are classified as activity noxious or harmful to the environment. Hence the legal regulation governs specifically the use of fertilizers, conditioners and plant protection products.
2
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Racjonalna gospodarka rolna na obszarach objętych prawnymi formami ochrony przyrody

100%
Król M.
Studia Iuridica Agraria
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2011
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vol. 9
306-327
XX
The subject of this paper is to attempt to assess the legal regulation relating to the conservation of the resources, formations and elements of the nature in the agricultural activity carried out in the areas covered by one of the forms of the nature conservation. The analysis of the Nature Conservation Act of 2004 demonstrates that the legislature put in place a few limitations of the agricultural activity, related to the use of resources and elements of nature in the valuable areas due to the natural values. The scope of the prohibitions and restrictions laid down in the specific form of nature conservation depends on its objectives and functions. The subject of the analysis was the legal term “rational agriculture” with respect to the intended sustainable use of the natural resources. In the present Act, one claimed lack of specific instruments introducing requirement or even encouraging the making, in areas covered by conservation area, including agricultural activities, which helps to maintain high nature value. Ordering the terminology and adapting it to modern concepts of environmental protection, regulation of forest management, it would be time to replace the term “rational agriculture” to “sustainable agriculture”, referring to the modern concept of sustainable socio–economic development, the needs of environmental protection. It should be more precisely defined in relation to the term of the existing legal standards for environmental protection in agricultural activities, such as cross–compliance requirements. Regardless of the adopted terminology the legal term rational or sustainable farming should be referenced to the cross compliance requirements.
3
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Rola programów rolnośrodowiskowych w ochronie obszarów cennych pod względem przyrodniczym

100%
Król M.
Studia Prawno-Ekonomiczne
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2012
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vol. LXXXVI (86)
67-91
EN
The aim of this article is to present the role of agri-environmental programmes in protection of the environmentally valuable areas which are not protected by Nature Protection Act. Agrienvironmental programmes are a compulsory element of Rural Development Programs and payments can be designed to fit management requirements of most habitat species. They can have a triple role: a) protecting of biodiversity in rural areas – ecological role, b) supporting the farmer’s income and thereby the viability and chances of survival of the farming unit, although within the limits of cost incurred and income foregone – economical role, c) promoting sensitive management of biodiversity – educational role. In the EU several member states have designed agri-environmental programmes targeted at specific habitats and species of High Natural Values farmlands (HNV) since the 2004–2006 programmes. In Poland, establishing an appropriate system of national indicator, identification of high natural values farming and forestry as well as the establishing of a legal framework, organizational and financial instruments are still in infancy. Therefore, the procedural measures must be taken in this regards as soon as possible. This allows to fully support HNV areas by agri-environmentclimate programmes in the new period of CAP 2014–2020.
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