Niektóre problemy planowania przestrzennego w związku z działalnością regulowaną prawem geologicznym i górniczym

Abstract

Mining activity may result in serious impact to the environment. According to Polish law, local development plan (enacted by the council of the local community) is an act of generally binding local law. It should provide information about the existence of mineral deposits and provide the needs of their current and future exploitation. In fact numerous plans do not provide any solution in that matter or even (directly or indirectly) are banning mining activity. According to Geological and Mining Law of 2011 mining activity may be undertaken only if it does not violate the destination of land determined by the local development plan (if such plan does not exist – the way of using the land determined by co called “studium of local development” that is nor local law) or particular acts of law (like establishing nature protective zones), who determine such destination. More restrictive solution refers to the environmental impact assessment (EIA), that must precede granting most mining concessions (licences). The result of EIA is so called environmental permit, which is the necessary element of the application for most mining concession (licences). The problem is, that environmental permit must be granted only in accordance with the determination of land provided by the local development plan.