ZARYS EWOLUCJI POLSKIEGO PRAWA POSZUKIWANIA I WYDOBYWANIA KOPALIN W LATACH 1991–2015

Abstract

AN OUTLINE OF THE EVOLUTION OF THE MINERAL EXPLORATION AND EXTRACTION LAW IN POLAND IN THE PERIOD 1991–2015

Abstract. In 1991, the Polish geological law and mining law were adjusted to the new economical and political conditions, resulting from the recent and sudden transition to capitalism. In 1994, these extemporaneously drafted bills were collected into a single, unified Geological and Mining Law. This law established that exploration and exploitation of geological resources can only take place after a relevant concession has been secured. Additionally, this law provided a detailed definition of mineral deposits’ proprietary rights and introduced the exploitation fee. Throughout the period when this law was in effect (1994–2011), it was amended almost 30 times, in order to address legislative shortcomings and adjust the law to European directives. In 2011, a new geological and mining law was passed (it came into effect on the 1st January, 2012). This new law was significantly amended in both 2013 and 2014. The period between 1991 and 2014 is long enough to assess its evolution and changing character. Most importantly, this paper indicates the current law’s shortcomings: lack of clear definitions of key terms (mineral, mineral deposit, rock mass), and lack of new regulations regarding geological qualifications. Additionally, it is argued that a National Geological Committee should be established. Furthermore, since the coherence of the Geological and Mining Law has been undermined over the years due to numerous amendments initiated by the Ministry of Finance and the Treasury, it is argued here that a Codification Commission should write a new, holistic legal framework in the form of a broad geological and mining legal codex.