The Regional Audit Office (RIO) in Kielce, Poland, has determined that local government is not responsible for funding the culling of wild animals, a task falling to the state budget.
County Inquiry to RIO
The Starachowicki County Head initiated a request to the Regional Audit Office (RIO) in Kielce regarding the financing of the reduction of wild animal populations when they pose a threat to public health and safety. The inquiry stemmed from a lack of explicit regulations governing this issue.
The question centered on Article 45, paragraph 3 of the Hunting Law of October 13, 1995, which allows the county head, in consultation with the Polish Hunting Association, to authorize the culling or reduction of wildlife in cases of particular danger to production facilities and public utilities.
Funding Responsibility Unclear
The Starachowicki County Head pointed out in the request to RIO that the law does not explicitly state which entity is obligated to finance the capture or reduction of wild animals, or cover the costs of capture equipment and disposal of deceased animals.
Administrative Task of State Government
RIO’s response indicated that court-administrative rulings suggest the task outlined in Article 45, paragraph 3, in conjunction with Article 7 of the Hunting Law, should be considered a delegated task within the scope of state administration assigned to local government units. The Supreme Administrative Court previously identified the voivode (province governor) as responsible for funding culling decisions, but ambiguities persist.
The Starachowicki County Head asserted that the county is not obligated to bear any costs associated with culling, arguing that funds should come from targeted state budget subsidies for state administration tasks.
RIO: State Budget Bears Costs
RIO in Kielce affirmed that, according to Articles 6 and 7 of the Hunting Law, the primary administrative authority for hunting matters is the minister responsible for the environment. When the law dictates otherwise, hunting administration falls to the voivodeship self-government as a task of state administration.
Zbigniew Rękas, Deputy President of RIO in Kielce, explained that granting the County Head the authority to issue culling orders simply means that the administration of hunting, as a task of state administration, has been delegated to an entity other than the voivodeship self-government, consistent with Article 7.
Orzecznictwo Supports State Funding
RIO emphasized that established jurisprudence, including rulings by the Supreme Administrative Court (II GSK 2198/14, II OW 90/20), supports the view that the County Head’s authority under Article 45, paragraph 3, should be funded through state budget subsidies, based on Article 49, paragraph 4 of the Act of October 1, 2024, on the revenues of local government units.
Exclusion of Environmental Fee Funding
RIO also ruled out the possibility of funding the capture and culling of wild animals from revenues generated by environmental fees and charges, stating that these cannot be equated with county tasks in the area of environmental protection.