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Prof. dr hab. Aleksander Lipiński
ORCID: 0000-0002-9947-0007
Head of the Chair of Mining Law and Environment Protection in the Silesia University in Katowice, and member of scholar and educational staff of the College of Labor Protection Management in Katowice, solicitor. Author (co-author) of over two hundred scientific studies dedicated to broadly understood legal problems of: mining, geology, environment protection. Cooperator of the Ministry of Environment.
DOI: 10.33226/0137-5490.2021.1.1

Despite numerous amendments, geology and mining legislation does not meet the current needs. This assessment refers to almost all of the issues governed by the Geological and Mining Act of 2011, as well as some solutions outside of it. First of all, it regards the scope of this Act and the unreasonable rigors of many of its solutions, that cause its evasion as well as discourage from the investment in the discussed area. Polish system of environmental impact assessment of the projects in the field of geology and mining is more rigorous than the requirements set by the European Union, while on the other hand it does not meet all of its requirements. Five years ago a complaint was submitted to the Polish Constitutional Tribunal regarding the conformity of Art. 41 of GMA that defines the concept of a party in the concession proceedings with the Constitution. Also the requirements for the licensing of hydrocarbons are excessively complicated. These problems (and many others) are well known, both to those concerned by the provisions discussed above and to the public authorities responsible for their application. Still, there is no information about initiatives aimed for amending the law in this regard. The aim of the article is to signal the key shortcomings of the aforementioned legal problems and the urgent need for their radical change.

Keywords: Geological and Mining Act; need of amendments

Head of the Chair of Mining Law and Environment Protection in the Silesia University in Katowice, and member of scholar and educational staff of the College of Labor Protection Management in Katowice, solicitor. Author (co-author) of over two hundred scientific studies dedicated to broadly understood legal problems of:

  • mining,
  • geology,
  • environment protection.

Cooperator of the Ministry of Environment.