Strategic mineral deposits (Critical comments on the proposed amendment to the Geological and Mining Act)

Abstract

In order to ensure the state's raw materials security, it is necessary to shape the purpose of the land property in such a way that it is not an obstacle to mining activity. The instrument that should ensure the achievement of such goal, is the spatial planning system. For a number of reasons it does not work properly, the result of which is, inter alia, the destination of land property precluding or impeding mining activity. The draft amendment of the Geological and Mining Act provides for the possibility of recognising mineral deposits as "strategic", which is to be determined by a decision of the Chief Geologist of the Country. As a consequence, it would be obligatory to shape the destination of the real property in a manner enabling mining of such mineral, e.g. by prohibiting or limiting construction of buildings. However, this solution violates the constitutional principle of self-government independence and guarantees of the property right.