Nadzór starosty nad działalnością uchwałodawczą organów spółek wodnych
Supervision of the head of the district authority over the decision-making activities of water company bodies

Summary/Abstract: Supervision and control over the activities of the water company is exercised by the locally competent starost. As the provisions of the water law do not indicate that the competences granted to the starost represent the realisation of a task of governmental administration, the supervision and control over the activities of water companies is the own task of the aforementioned authority. The board shall submit resolutions of the water company bodies to the starost within 7 days of their adoption. Resolutions of the bodies of the water company contrary to the law or the statute are invalid. A resolution of the bodies of a water company shall be declared invalid in whole or in part by the starost who, within no longer than 30 days from the date of delivery of the resolution, sends a supervisory decision in a post office of an operator obliged to provide universal services or, if delivered electronically, by entering the supervisory decision into the ICT system. A staroste, declaring a resolution of a water company’s bodies invalid, is obliged to restore the state of affairs in accordance with generally applicable law. Only a substantial violation of the law or the statute may be the basis for the starost to declare a resolution of a body of the company invalid. After the lapse of the period of 30 days from the date of delivery of the resolution, the starost cannot on his own declare the invalidity of a resolution of a water company body. In this case, the starost can only challenge such a resolution to an administrative court. In the case of an insignificant violation of the law, the starost does not declare the resolution invalid, limiting himself to pointing out that it was issued in violation of the law. The starost, when initiating proceedings to declare a resolution of a water company body invalid, may suspend its execution. The starost’s declaration of invalidity of a resolution suspends its execution by operation of law to the extent of the invalidation, as of the date of delivery of the decision.

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