Comment on the Judgement of Chief Administrative Court of 20 May 2015, II OSK 394/14 Cover Image

Glosa do wyroku Naczelnego Sądu Administracyjnego z dnia 20 maja 2015 r., II OSK 394/15
Comment on the Judgement of Chief Administrative Court of 20 May 2015, II OSK 394/14

Author(s): Aleksander Lipiński
Subject(s): Law, Constitution, Jurisprudence, Energy and Environmental Studies, Constitutional Law
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: Study of conditions and directions of local (spatial) development; local development plan; protection of mineral deposits

Summary/Abstract: The commented judgment regards the statutory command to include information about mineral deposits in the study of conditions and directions of local (spacial) development. Since the municipal council had ignored this obligation while preparing the study, the voivode (as the supervisory authority) had an obligation to appropriately modify this document by replacement ordinance. Environmental Protection Law in its Art. 72 provides that such studies as well as local development plans must take into account the current and future needs related to the mining of minerals from deposits.

  • Issue Year: 2016
  • Issue No: 1
  • Page Range: 53-65
  • Page Count: 13
  • Language: Polish