Compensation for farmers for damage caused by wild animals is a significant issue that generates much emotion and debate. In Poland, this problem primarily concerns losses caused by wild boars, roe deer, red deer, and other game animals that destroy crops and pastures. Farmers whose fields are regularly devastated often suffer significant financial losses, which is why the law provides for the possibility of seeking compensation.
The basis for a claim for compensation for damage caused by wild animals are the provisions contained in the Act of 13 October 1995 - Hunting Law (consolidated text: Journal of Laws of 2023, item 1082) and in some cases the Nature Conservation Act of 16 April 2004 (consolidated text: Journal of Laws of 2024, item 1478).
Pursuant to Article 46 of the Hunting Law, the lessee or manager of a hunting district is obliged to compensate for damage caused to crops and agricultural produce by wild boars, elk, red deer, fallow deer and roe deer.
The provisions of the Nature Conservation Act govern liability for damage caused by protected species. Pursuant to Article 126, Section 1 of the Nature Conservation Act, the State Treasury is liable for damage caused by:
- bison – in crops, agricultural produce or on a forest farm;
- wolves – in the livestock population;
- lynxes – in the livestock population;
- bears – in apiaries, in livestock populations and in agricultural crops;
- beavers – on a farm, forest or fishing farm.
According to the regulations, farmers can apply for compensation for damage to crops and agricultural produce, losses in orchards and plantations, and destruction of pastures.
Therefore, responsibility for compensation payments rests primarily with the hunting clubs responsible for the location of the damage and the State Treasury, depending on the type of animal and the circumstances of the damage. To receive compensation, the farmer must report the damage within a specified period, usually within a few days of its occurrence, to the appropriate hunting club or administrative body.
A site visit is then conducted to assess the extent of the damage and determine the amount of compensation. Problems often arise from underestimating losses or long waiting times for payment. An additional challenge is the need to prove that the damage was caused by specific animals, which is not always easy.
Therefore, many farmers are calling for simplification of procedures and an increase in the effectiveness of the compensation system. Authorities and agricultural organizations are taking steps to improve the situation, including through proposed legislative changes and the introduction of additional forms of security. Nevertheless, the problem of game damage remains a pressing issue, requiring further work to optimize the compensation system and better protect farmers' interests.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of March 25, 2025
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