Administracyjnoprawne ograniczenia w strefach ochrony uzdrowiskowej

Abstract

The legal nature of ‘protected zones’ is based on combining a specifi cally separated part of a territory with a specifi c legal regulation to be binding on that isolated part of territory. There are many defi nitions of protected health resort zones in administrative law provisions, but there is no one legal defi nition that would precisely determine what such a zone really is. The Act of 28 July 2005 on spa treatment, health resorts and spa protected zones created the foundations for proper functioning and development of health resort municipalities, spas, and spa treatment in Poland. The same Act defi ned the protected zones within health resort areas. A health resort municipality is a municipality in which its whole territory or a part of it has been given a health resort status. Thus it is a health resort territory on which spa treatment is provided, and which is an area with defi nite borders delineated to use and protect its natural therapeutic resources. Health resort (spa) municipalities belong to a special category. The therapeutic properties that characterise those municipalities and their natural environment practically determine the only one direction of their development and economic activity that may be undertaken by their inhabitants, which is limited to activities that are not in confl ict with spa/health resort functions. Such limitations, or restrictions cannot be found in any other but only in health resort municipalities.