Exploitation of minerals from deposits without concession in Polish law

Abstract

Terms and conditions for undertaking, execution and completion of activities in scope of exploiting minerals from deposits are defined in Act of 9 June 2011 Geological and Mining Law.

Although the right to ownership is guaranteed under Article 64(1) of Act of 2 April 1997 the Constitution of the Republic of Poland, section 3 of the cited law points out that the right to ownership may only be limited by means of a statute and only to the extent that it does not violate the substance of such right.

According to Geological and Mining Law in case of exploiting minerals from underground deposits, land ownership is not an absolute principle. Exploitation can be executed only after granting a concession in accordance with Article 21 of G.M.L.

Extracting minerals from deposits is a complex problem. It contains both the fact of extraction contrary to the provisions of the Act – extracting minerals from deposits without concession stricte, as well as the form of extraction – sand and gravel by an individual for person’s own purpose, for which concession is not necessary.

In the Geological and Mining Law Act the matter of responsibility for violating the provisions of the Act in this field is also determined.