Z problematyki prawnej zagospodarowania obszarów górniczych

Abstract

The inherent consequences of mining operations are the transformation of the areas within the range of its impacts. Article 29 of the Mining Law introduces the principle that if a special provision requires an authorisation for a substantial change in the economic nature of a property located within a mining area or for the erection or reconstruction on that property of permanent structures and equipment that do not form part of the mining plant, this authorisation may only be granted with the agreement of the district mining office. In practice, however, difficulties may arise in determining whether or not a particular building is part of a mining facility, especially as the facilities may be classified as the both general and special design. Consideration needs to be given to the scope of terms such as erection or redevelopment. Furthermore, the author also attempts to answer the question of what is meant by the term 'substantial change in the economic nature of the property'.