Komentarz do art. 18—20 ustawy z dnia 9 czerwca 2011 r. Prawo geologiczne i górnicze
Commentary to Art. 18—20. Geological and Mining Act

Summary/Abstract: The Art. 18 of the Geological and Mining Act which is being commented on determines the premises and the mode of obtaining by the entrepreneur the right to use other people’s land necessary to conduct activities regulated by the Act. Such a right is established in return for remuneration, but it cannot include the rights to gain profits from the property. In some circumstances the landowner may demand from the entrepreneur to buy out the real estate. In turn, Art. 19 grants an entrepreneur who conducts certain types of licensed activities (including mining of hydrocarbons, hard coal, lignite) the right to demand the buyout of the real estate necessary for such a purpose. In both situations, disputes are subject to resolution by common courts. However, some other solutions in this respect are provided for in regulations on expropriation of real estate. Next, pursuant to Art. 20 the use of mine water for the needs of the mining plant is free of charge.

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