- Geological Law of 16 November 1960, Dziennik Ustaw (Law Gazette) No 52, item 303 with amendments.
- Mining Law of 6 May 1953, Dziennik Ustaw (Law Gazette) 1978 No 4, item 12 with amendments.
- Act of 9 March 1991, amending the Mining Act, Dziennik Ustaw (Law Gazette) No 31, item 128; Act of 9 March 1991, amending the Geological Act, Dziennik Ustaw (Law Gazette) No 31, item 129. These amendments were intended as temporary, transitional measures to be used until such time as new legislation is drafted and adopted into law.
- Act of 23 December 1988, on Economic Activity, Dziennik Ustaw (Law Gazette) No 41, item 324 with amendments.
- Act of 14 June 1991, On companies with Foreign Participation, Dziennik Ustaw (Law Gazette) No 60, item 263 with amendments.
- Article 5(1), Mining Act 1953.
- This principle was introduced by the Act of 9 March 1991. Prior to this Act, the principle had not been proclaimed by law.
- For a more detailed account see: A Lipinski, “The Legal Situation of Mineral Deposits in Poland,” Allgemeines Verwaltungsrecht und Energierecht, Heft 1, Bochum 1990, pp 37–48.
- Similar doctrine applies to the status of underground water. According to Article 1 of the Water Act of 29 October 1974, underground water is owned by the State.
- See Article 143, Civil Code of 1964.
- See Article 7 of the Mining Act 1953.
- Order of (…) A type of implementing (executory) regulation provided by Act of Parliament or a Decree issued by a specified central administrative organ (for example, the Council of Ministers).
- Article 3(1-2), Mining Act 1953. Also see Order of the Council of Ministers of 2 June 1978 on Subjecting to the Mining Law and on Mining Minerals for Own Needs of the Land-possessor, Dziennik Ustaw (Law Gazette) No 15, item 65.
- See Article 16b, Geological Act 1960 and Article 12a, Mining Act 1953.
- According to Article 252 of the Civil Code a thing may be encumbered by the right to use it and to receive the fruits thereof (usufruct). Article 267(1) provides that the usufructuary shall preserve the substance of the thing and its original destination. However, under Article 267(2) he is allowed to erect buildings and exploit new installations for quarrying stone, gravel, sand and other parts of the land not subject to mining law.
- See Article 30, Mining Act 1953.
- See Article 16e(8), Geological Act 1960 and Article 12c(3), Mining Act 1953.
- Such permission is a form of administrative decision and is therefore controlled by the administrative court.
- See Article 6(1), Act of 14 June 1991 on Companies with Foreign Participation.
- Article 16a, Geological Act 1960.
- See Article 12b(1-3), Mining Act 1953.
- See Article 12b(4), Mining Act 1953.
- The concession for offshore marine zones should be granted in co-ordination with the Minister of Transportation and Maritime Economy. Similar rules are provided by Act of 21 March 1991 on Marine Zones of the Republic of Poland, Dziennik Ustaw (Law Gazette) No 32, item 131. The relationship between the Act of 21 March 1991 and both the Geological Act and the Mining Act is unclear, leaving open the question of which law shall take precedence in the event of any inconsistency.
- This assertion is derived from Articles 4–7 of the Act of 31 January 1980 on the Protection and Shaping of the Environment.
- Pre-concession contract, see Article 16e, Geological Act 1960 and Article 12c, Mining Act 1953.
- The above remarks also apply to the draft so-called “Model Agreement” and drafts of other pre-concession contracts prepared in 1991 by the Ministry of Environmental Protection, Natural Resources and Forestry. The main fault in such “contracts” is that they are incompatible with many rules of Polish law including provisions of the Geological Act, Mining Act, tax law, custom duties, expropriation law, etc. It must be emphasised that the provisions of the above acts cannot be changed by a contract. In addition, many matters addressed in the contracts are beyond the legal competence of the concession agencies. To make such contracts effective would require the State to elevate them to a legal position where they would supersede other law; ie afford them the status of an Act of Parliament.
- See Article 16e(7), Geological Act 1960.
- Article 16f, Geological Act 1960; Article 12j, Mining Act 1953.
- See Article 12e, Mining Act 1953.
- Ibid.
- See Article 16e(3), Geological Act 1960.
- See Article 16h, Geological Act 1960.
- See Article 12k, Mining Act 1953.
- Article 16i-j, Geological Act 1960.
- Article 12i-j, Mining Act 1953.
- See Article 12i-o, Mining Act 1953 and an Order of the Council of the Ministers of 8 November 1991, on Mining Royalty, Dziennik Ustaw (Law Gazette) No 105, item 455.
- See Articles 24–26, Geological Act 1960.
- Necessary under Article 16f, Geological Act 1960 and Article 12j, Mining Act 1953.
- Necessary under Article 16j, Geological Act 1960 and Article 12i, Mining Act 1953.
- Required under Article 4, Mining Act 1953.
- Based on author James Otto's experience in drafting mineral legislation in several market economy developing countries.
Journal of Energy & Natural Resources Law
Volume 11, 1993 - Issue 1