The commented provisions specify the mechanisms of creation and content of mining usufruct. The latter can be established only with reference to the space covered by the mining property (inside the earth’s crust), and especially mineral deposits existing within its borders. It is created by way of a contract that specifies the duration of this right and the remuneration for its establishment. It is strongly associated with the (mining) license; the contract causes the legal effect specified in it only if a license has been granted and expires with the loss of its validity. In specific situations (provided by the law) the enterpreneur may demand the establishing of the mining usufruct. In other situations establishment of mining usufruct may be preceded by a tender. The content of the said right is the exclusive right to use the designated space, for (respectively) searching for (exploring) mineral deposits, their mining, underground storage of waste, underground storage of carbon dioxide and some other types of use of the subject of mining property. In situations not regulated by the GMA, the lease requirements apply, mutatis mutandis.
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No. 1-2 (2018)
Published: 2018-07-21
10.31261/PPGOS
English
Język Polski