Dry plant remains burning in an uncontrolled manner may pose a serious fire hazard if forests, residential or farm buildings, or industrial plants are nearby. Rising smoke may also create a danger on the road by suddenly limiting visibility for road users.
The risk associated with burning grass in meadows and agricultural wasteland is enormous. Carelessness, a sudden change in wind direction or unfavorable terrain may cause a fire that can only be brought under control by a unit of the State Fire Service. The victims of fire or smoke may include not only people but also wild animals, while the soil in “burned areas” becomes barren.
Grass burning is prohibited!
Combating the above practice, which undoubtedly constitutes a violation of the law, is one of the tasks of the Police. Under Article 2 of the Police Act (Journal of Laws of 2021, item 1882, as amended), the Police are obliged to protect human life and health and property from unlawful attacks violating these interests, as well as to detect crimes and offenses and prosecute their perpetrators. Accordingly, the Police will respond ex officio to all manifestations of violations of the applicable law.
Pursuant to Article 124 of the Nature Conservation Act of 16 April 2004 (Journal of Laws of 2021, item 1098, as amended), “the burning of meadows, pastures, wasteland, ditches, roadside strips, railway routes, reed beds and rushes is prohibited.” To reinforce this prohibition, the legislature provided for a penal provision set out in Article 131(12): “anyone who burns meadows, pastures, wasteland, ditches, roadside strips, railway routes, reed beds or rushes shall be subject to arrest or a fine.” It should also be noted that Article 30(3)(1)–(3) of the Forests Act of 28 September 1991 (Journal of Laws of 2021, item 1275, as amended) provides that “in forests and wooded areas, as well as within 100 m of the forest boundary, activities and actions that may cause danger are prohibited, in particular:
- Lighting a fire outside places designated for this purpose by the forest owner or forest district manager;
- Using an open flame;
- Burning the top layer of soil and plant remains.
Severe sanctions apply for violations of fire-safety regulations.
Fulfillment of the elements of the offense under Article 82 § 1 of the Code of Petty Offenses of 20 May 1971 (Journal of Laws of 2021, item 2008, as amended) is punishable by arrest (from 5 to 30 days), a fine (from PLN 20 to PLN 5,000), or a reprimand. Meanwhile, a perpetrator of the crime under Article 163 § 1 of the Criminal Code of 6 June 1997 (Journal of Laws of 2021, item 2345, as amended) who causes “an event that threatens the life or health of many people or property on a large scale, taking the form of a fire, shall be subject to imprisonment for between one and 10 years”—if a person dies or many people suffer serious bodily injury, the perpetrator is subject to imprisonment for between 2 and 12 years. In the context of the issue under discussion, Article 181 § 1 of the Criminal Code is also relevant, penalizing cases of causing substantial-scale destruction to plant or animal life, for which the perpetrator is subject to imprisonment for between 3 months and 5 years.
We appeal for common sense!
People are responsible for the majority of grass and agricultural-wasteland fires!
See a fire? Raise the alarm! Respond! Call the emergency number 112!