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Abstract

The problem of deposit protection and the process of liquidation of mining plants does not find effective solutions in the national law. Nevertheless, this is a very up-to-date issue. This situation prompted the authors of the article to once again analyze these issues. The number of abandoned exploitation sites which were published in the Polish Geological Institute reports should affect the entire licensing system and the state’s raw material policy. As a good host of raw materials, which we have been given by Earth Mother, we cannot allow that the mining licensing system, the liquidation procedures of mining plants without due diligence, result in the lack of protection of these deposits. The rational raw material economy and the ability to exploit it for the future generations, while failing to effectively enforce the site liquidation process makes it necessary to take actions leading to not blocking the mineral deposits in this way. The analysis shows what appropriate actions should be taken. The authors have thoroughly investigated the legal regulations over the past century, compiling them with the current legislation, and pointing out the weaknesses of the system in the field of deposits protection, particularly in the part of the unexploited deposits. Criticism covered both the statutory regulations – Geological and mining law as well as executive acts in the field of deposit protection. A separate analysis was subjected to the procedure of liquidation of the mining plants in the aspect of deposits protection, for mining plants operating on the basis of the Province Marshal’s licenses. The process presented in the flowchart layout clearly shows the weak points of the currently operating system.

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Authors and Affiliations

Miranda Ptak
Zbigniew Kasztelewicz
Mateusz Sikora
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Abstract

Geological and Mining Law enforced in Poland does not provide adequate regulations assuring financial means for a mine closure and mined land rehabilitation. The gradual accumulation of funds within a framework of a mine rehabilitation fund may not provide the full coverage of costs of all the necessary works in the event the exploitation is terminated before lifting all minable resources.

Regulations defining the duties of mining enterprises lack specific preclusions related to assurance of financial means for mine closures in the event a mining license is issued by a staroste (prefect). To address this problem a simplified estimation method for establishing closing costs is put forward in the first stage. This is based on unified indicators related to deposits’ reserves or acreage used for mining activities.

The equivalent of the closure costs established in this manner shall be paid to an escrow account on a similar basis as means of rehabilitation funds are put aside. However, paying the entire amount either in one (preferably) or two instalments is recommended. The introduction of this recommendation requires an amendment to the Geological and Mining Law as well as securing appropriate competences in staroste’s offices along with a convincing communication campaign.

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Authors and Affiliations

Ryszard Uberman

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