Wpisy pasujące do tagu Geological and Mining Law

On January 31st, the Economic Committee of the Council of Ministers approved the amendment of the act of December 12th, 2017 which amends the Geological and Mining Law („Amendment”).

A bill amending the act on spatial planning and development and some other acts (JoL No. 205) is currently undergoing the legislative process. The primary objective of the new legislation is to introduce the principles of reasonable space management, including limitations on the allocation of land for housing development. This is expected, though indirectly, to improve the security of planned investments. Some of the proposed changes will also affect the conduct of activity being subject to concessions in accordance with the Geological and Mining Law (“GML”).

Mining plant operations plan is the basic document serving as the grounds for the operations of mining plant. The amendment of the Geological and Mining Law (further: GML) of July 2014 lifted the requirement for heads of commune (mayors or city presidents) to issue opinions on operation plans as part of the procedure conducted to approve such plans by a mining supervision authority. It does not mean, however, that asking for the opinions of local government authorities has been completely done away with. The opinion is still required, but currently it must be submitted at the stage before filing the application for the approval of an operations plan and it should be enclosed by entrepreneurs as an appendix to the application.

We have recently written about delays in the adopting of implementing regulations to the amended Geological and Mining Law Act, including, in particular, about the lack of one of the most significant regulations concerning the application for qualification procedure.

The amendment of the Geological and Mining Law of 11 July 2014 also introduced certain changes to the regulations concerning mining usufruct. It is worth reminding that, under the Polish legal system governing the activities related to prospecting, exploration and production, the fact that an entrepreneur is the holder of a concession is not tantamount to their ability to carry out works in the subsurface. For the works to be initiated, it is also necessary to sign a mining usufruct agreement in the form of a civil law contract concluded with the State Treasury.

Directive no. 2000/60/EC – the so-called Water Framework Directive (WFD) – is a legal act establishing the framework for the water policy of the European Union, according to which Member States have been obliged to prevent the deterioration of the condition of waters and to ensure the good condition of waters. WFD was implemented into the Polish legal system through the provisions of the Water Law (the Act of 18 July 2001). According to the Water Law, the management of water resources takes place on the basis of river basin management plans (RBMP), which contain information about the environmental objectives set for specific waters.

Changes in the Act of 9 June 2011 – Geological and Mining Law which were introduced with the amendment of 11 July 2014 involve the necessity to change the existing or to adopt new implementing acts.

The government bill on the amendment of acts governing the conditions for access to certain professions (third tranche of deregulation) stipulates a series of changes and facilitating measures for obtaining, among others, geological qualifications.

The hype around the shale gas boom and the forecasts published in the previous years, according to which Poland has great chances of becoming a “hydrocarbon Eldorado” resulted in a situation when the amendment of the Geological and Mining Law (GML) of 11 July 2014 was associated in the media mainly with the so-called “shales”.

The amendment of the Geological and Mining Law of July 2014 introduced certain significant changes to the rules of awarding and implementing concessions concerning hydrocarbons.

The conference entitled “Geological and Mining Law” was held on 13 and 14 January 2015 in the Warsaw Bristol hotel. The event gathered over 90 representatives of companies operating in mining industry.