Published: 2018-07-21

Extraction of minerals from surface waters

Gabriel Radecki

Abstract

According to art. 34 point 8 and art. 389 point 2 of the Act of 20 July 2017 Water Law extraction of stone, gravel, sand and other materials from surface waters is a special use of waters which requires a water law permit. However, art. 21 item 1 point 2 of Act of 9 June 2011 Geological and Mining Law statutes that an activity in the scope of exploiting minerals from deposit can be executed after granting of concession. In a consequence legal doctrine and judicature claim that someone who extracts minerals from surface waters should obtain both water law permit and concession. The paper indicates negative effects of such double regulation and presents conception of distinction between subjects of these two Acts in aforementioned range.

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Citation rules

Radecki, G. (2018). Extraction of minerals from surface waters. Prawne Problemy Górnictwa I Ochrony Środowiska, (1-2), 97–112. Retrieved from https://journals.us.edu.pl/index.php/ppgos/article/view/11256

No. 1-2 (2018)
Published: 2018-07-21


eISSN: 2451-3431
Ikona DOI 10.31261/PPGOS

Publisher
Wydawnictwo Uniwersytetu Śląskiego | University of Silesia Press

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