Language:
PL
| Published:
21-07-2019
|
Abstract
| pp. 11-26
The provision being discussed determines the subject matter of licensing. A license is required in order to conduct operations in the area of: • propecting for or exploration of most of the mineral deposits covered by the mining property (including hydrocarbons), • prospecting for or exploration of the underground carbon dioxide storage complex, • mining of minerals from deposits (including hydrocarbons), • underground non-reservoir storage of substances, • underground waste storage, • underground storage of carbon dioxide. The licensing of hydrocarbons is carried out on special terms regulated by further provisions of the discussed Act. To the matters not settled by the Geological and Mining Law, the provisions of the Act of 6 March 2018 - Entrepreneurs' Law apply with certain exceptions
Language:
PL
| Published:
21-07-2019
|
Abstract
| pp. 27-46
When an administrative authority issues a permit to remove trees or shrubs pursuant to Article 83 of the Nature Conservation Act, it must face regulations that interpret many interpretation problems. The article is an analysis of several selected legal aspects regarding the provisions used for granting permits. The dominant view was questioned that the permit issued subject to the performance of relevant works is a conditional administrative decision. The author also pointed to doubts regarding the legal nature of the administrative decision in the scope of shaping the subjective law, since this entitlement will have different forms depending on who and on what legal basis applies for permission to remove trees or shrubs. In addition, attention was given to the lack of precision in the provisions regarding permits issued at the request of the transmission system owners, which, due to their expropriation nature do not sufficiently protect the interests of the tree owner
Language:
PL
| Published:
21-07-2019
|
Abstract
| pp. 47-60
Pursuant to the Act of May 11 2017, which amended the Environment Protection Act, the Polish legal system has incorporated new notification procedure. This procedure finds application when trees are growing on property belonging to natural persons, and are going to be removed with no relation to the economic activity. Between the notification of intention to remove a tree or a bush, and necessity of obtaining permission from competent authority, significant differences can be found.
Language:
PL
| Published:
21-07-2019
|
Abstract
| pp. 61-72
The study shows the problems associated with the mining of gravel aggregates, due to the emerging doubts about the legal qualification of this type of activity at the interface between the Geological and Mining Law and Water Law. It presents an original approach in order to eliminate them, by attempting a clear dividing line when applying each of the acts in the discussed scope, depending on the actual state of affairs we deal with. Presented considerations are going in the direction of determining whether the stones, gravel, sand and other materials extracted in the particular use of water constitute a mineral deposit, and if not, how they should be treated and what are the further legal consequences of this.