Projekt stanowiska Sejmu w sprawie o sygn. akt SK 19/15
Sejm draft position on case ref. no. SK 19/15 concerning the Geological and Mining Law

Summary/Abstract: In the proposed draft position the author claims that the contested article of the Act – Geological and Mining Law is compatible with Article 45 para. 1 of the Constitution. The decision approving the concession for the extraction of minerals from the deposit is related to environmental decision - the arrangements on the environment protection and environmental impact of the project, contained in the environmental decision are binding on the entity awarding concessions. Environmental decision are subject to oversight both the appellate and court proceedings. The author argues that the instruments provided for by the legislature ensure protection of the interests of owners of property adjacent to that on which projects negatively affecting the environment (including neighbourhood) are carried out.

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