Plan zagospodarowania przestrzennego terenu górniczego

Abstract

The article is devoted to changes, which – in the sphere of spatial planning referring to the mining area – have been introduced by the Act of 9 June 2011 the Geological and Mining Law. Author presented the evolution of regulations concerning the mining area, emphasizing its protective nature, and concerning the above mentioned plans, first introduced by the Act of 4 February 1994 the Geological and Mining Law. In the latter aspect he noticed that the plan, which was then obligatory, alluded to the plans of functional area, which were regulated by the Act of 12 July 1984 of spatial planning. The plan guaranteed the integration of actions taken within the mining area. Analyzing the current legal rules author paid attention that they do not provide for the obligation of elaborating the plan. He criticized this solution and recognized it as a regress in comparison with previous one, disabling the realization of the integration function. In his opinion the new prescriptions are redundant, because the spatial plans are optional also in the light of general provisions. Besides this, the new regulation raises many further doubts, in particular it may limit so called spatial planning autonomy of municipalities, depending the possibility to draw up a plan of additional conditions.