National Contact Point for Renewable Energy Sources

If the geological works undertaken to search for or identify mineral deposits (including thermal waters) are performed without blasting agents at a depth up to 100 m outside a mining area, the mining operations of the mine are carried out based on the terms defined in the licence or, as in the case of thermal waters, based on the decision approving the design of geological works (Article 105(2)(2) of the PGM Act).

If the depth of the borehole for thermal water intake exceeds 100 m or if the borehole is made within an already designated mining area, the provisions of the PGM Act which pertain to the mine shall apply.

This means that in addition to an approved design of geological works, the commencement of the already mentioned geological activities (in practice the drilling of a borehole meeting the above parameters) will additionally require approval of the operation plan of the mine.

The purpose of the approval is to guarantee the performance of geological works in accordance with the pre-approved plan.

The decision is required at least of 30 days before the mine starts the geological works.

The following shall be attached to the application for approval of the mine operation plan:

• 2 copies of the mine operation plan signed by the entrepreneur and by the mine operation manager who will implement the plan and – in the case of an operation plan for geological works connected with searching for and identifying a hydrocarbon deposit – also a digital copy of the plan;
• descriptions of decisions issued by other authorities which are required for the planned works, especially ones related to environmental protection;
• an opinion of the competent commune administrator or mayor or an annotation on the absence thereof and, in the case of reservations, an annotation on how they will be addressed or why they will not be addressed;
• if the decision approving the operation plan for the performance of geological works based on a licence for search for or identification of a mineral deposit is preceded by an environmental decision issued in a procedure with mandatory participation of the public – a visual appendix specifying the anticipated project implementation site and the anticipated project impact area, provided that the submission of this appendix was required by the regulations in effect on the date of applying for the environmental decision, and especially the map referred to in Article 74(1)(3a) of the EIA Act (Polish Act on Access to Information Concerning the Environment and Environmental Protection, Participation of the Public in Environmental Protection and on environmental impact assessments of 3 October 2008 (Journal of Laws of 2023 item 1094)).

Along with the application for approval of the mine operation plan, the investor produces copy of the licence for inspection and a deposit management design or, for geological activities not requiring a licence, a design of geological works.

The investor prepares the mine operation plan separately for every mine.

The mine operation plan defines:

• the organisational structure of the mine, especially the job positions of the management and the operational supervision staff;
• the boundaries of the mine;
• detailed undertakings necessary to ensure:

a)    the performance of the licensed activity;
b)    general safety;
c)    fire safety;
d)    the safety of the people in the mine, especially occupational health and safety;
e)    reasonable deposit management;
f)    protection of the elements of the environment;
g)    protection of building structures;
h)    prevention and repair of damage.

The mine operation plan is prepared in accordance with the terms defined in the licence and, as appropriate, in the deposit management design, the geological and investment documentation for a hydrocarbon deposit or the investment decision, subject to Article 34(2a) of the PGM Act, and in the case of:

• geological works not requiring a licence – in accordance with the terms defined in the design of geological activities;
• the activity defined in Article 2(1) of the PGM Act – in accordance with the local conditions of its performance.

If any works connected with searching for or identifying mineral deposits or groundwaters are planned or carried out within the mining area or if mining areas are adjacent to each other, the mine operation plan accounts for the co-dependencies and provides for appropriate measures, including organisational and technical measures, required to guarantee occupational safety, general safety and the protection of particular mineral deposits and other elements of the environment.

The mine operation plan requires an opinion of the competent commune administrator (or mayor). A criterion of the opinion is that the intended activity must not violate the intended purpose of use of the real property defined in Article 7 of the PGM Act.

The competent authority formally and substantively reviews the submitted application and then issues or refuses to issue the administrative ruling.

Up to 1 month,
particularly complex cases – up to 2 months from process initiation (in the case of submitting a complete application together with all the required documentation).

The application for approval of the mine operation plan is submitted to the director of the regional mining authority having jurisdiction over the site where the works covered by the plan are to be performed, and if the works covered by the plan are to be performed within a jurisdiction of at least 2 mining supervision authorities – to the regional director of the mining authority competent for the registered office of the mine.

The mine operation plan is prepared for a period of 2 to 6 years or for the whole proposed operation period, whichever is shorter.

A stamp duty of PLN 805 must be paid for approval of mine operation plans for surface mines or mines extracting minerals through boreholes.

The stamp duty for an authorisation is PLN 17.

The stamp duty for a power of attorney is also PLN 17.

A party may appeal against the decision to the President of the Higher Mining Authority (Wyższy Urząd Górniczy) within 14 days of receiving it. Subsequent available remedies include a complaint to the Provincial Administrative Court and, as the next step, to the Supreme Administrative Court.

The applicable regulations do not provide for a possibility of applying online. However, some public administration bodies competent for the matter offer this possibility.

This option should be checked before the submission of the application.