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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

The article provides the external indications (both international and domestic) showing how important creating an appropriate mineral policy of the country is, especially in the context of mineral security. The current mandatory legal regulations referring to mineral policy and mineral security of the country were presented and discussed against this background, starting with provisions of the Constitution of the Republic of Poland, through the Strategy for Sustainable Development, Spatial Management Concept of the Country 2030 together with Action Plan, Strategy for Energy Security and Environment – 2020 perspective, Geological and Mining Law and other legal acts and implementing provisions, Action Plan “Raw Materials for the Industry” announced by the Minister of Development, the Concept for Mineral Policy presented by the Government Plenipotentiary for the Mineral Policy, and finally – project of the Urban and Building Code in the area of spatial development. In the case of documents being in the course of the proceedings, the current state of working on them is presented, also in the context of particular projected legal solutions for future regulations. The author indicates and justifies the need of accelerating the work and taking actions to prevent the currently appearing phenomena that may impede the execution of the raw materials policy and the protection of key raw materials in the future.

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Authors and Affiliations

Jan A. Stefanowicz

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