@ARTICLE{Lipiński_Aleksander_Withdrawal_2017, author={Lipiński, Aleksander}, number={Nr 100}, journal={Zeszyty Naukowe Instytutu Gospodarki Surowcami Mineralnymi Polskiej Akademii Nauk}, pages={141-156}, address={More info at Journal site: https://min-pan.krakow.pl/wydawnictwo/czasopisma/zeszyty-naukowe-instytutu-surowcami-mineralnymi-i-energia-pan/ https://min-pan.krakow.pl/wydawnictwo/wp-content/uploads/sites/4/2018/02/Wskazowki-ZN-ang-2018.pdf}, howpublished={online}, year={2017}, publisher={Instytut Gospodarki Surowcami Mineralnymi Polskiej Akademii Nauk}, abstract={According to Article 37 of the GMA if the entrepreneur: - violates the requirements of the Act, in particular concerning the environment protection and the rational development of the deposit, or - fails to comply with conditions specified in the concession, including not undertaking the foreseen activity or permanently stops thereof, the concession authority summon it to cease the infringements, or - performs geological operations violating the schedule defined in the geological operations plan, or - fails to carry out the obligations referred to in Article 82 para 2, or - performs them in a manner violating the conditions defined in the provisions issued pursuant to Article 82a. para 1, the license authority, by way of the decision, requests the entrepreneur that the infringements be remedied, with indication of the relevant time limit. The license authority may also prescribe the method of remedying of the said infringements. The problem arises, because the geological operations plan for the licensed activity (firstly for the prospecting and exploration of the mining property minerals) is only the appendix to the application for the geological license and is not approved by any decision. However, if the entrepreneur fails to perform the decision referred to in paragraph 1, the license authority may, without indemnification: revoke the license or if the entrepreneur is found to perform the geological operations in breach of the schedule defined in the geological operations plan - revoke the license or reduce its scope. The license authority shall discontinue the proceedings if it finds that the entrepreneur: does not infringe upon the requirements referred to in paragraph 1, has infringed upon the requirements referred to in paragraph 1, however the reason for such an infringement was force majeure or has fulfilled the decision referred to in paragraph 1 (para 3).The license authority may revoke the license without indemnification if a decision has been issued that declares exercising the rights arising from the shares of an entrepreneur impermissible, pursuant to the provisions of the Act of 24 July 2015 on the Control of Certain Investments, if this serves the public interest, in particular in connection with the national security or the protection of environment, with reasonable management of mineral deposits included (para 4).}, type={Artykuły / Articles}, title={Withdrawal of the license concession in the Geological and Mining Act}, URL={http://journals.pan.pl/Content/109358/PDF/lipinski.pdf}, keywords={license in Geological and Mining Act, entrepreneur obligations, summons to cease the infringements, withdrawal of the license}, }