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• geological data (results of direct observations and measurements obtained during geological works),
• samples,
• results of processing and interpretation of geological data and sample testing, presented in particular in geological documentation and stored on digital data carriers.

• the Act of 9 June 2011 – Geological and Mining Law (Journal of Laws of 2024, item 1290), hereinafter referred to as GML,
• the Regulation of the Minister of the Environment of 20 December 2011 on the use of geological information for remuneration (Journal of Laws No. 292, item 1724),
• the Regulation of the Minister of the Environment of 30 October 2017 on the collection and sharing of geological information (Journal of Laws of 2017, item 2075),
• the Regulation of the Minister of the Environment of 9 June 2015 on the transfer of information from ongoing documentation of geological works (Journal of Laws of 2015, item 903).

The right to geological information is governed by civil law provisions. Therefore, in order to determine the entitled entity and the scope of rights, it is necessary to refer to the legal provisions in force at the time the right arose, as well as to transitional provisions.

According to the current regulations, the right to geological information belongs to the State Treasury. However, the law provides special rights for entities that incurred the cost of geological works. Pursuant to Article 99(2) of the Geological and Mining Law (GML), a person who incurred the cost of works conducted on the basis of:

• administrative rulings issued under the Act (a concession or an approval of a geological works project), or

• notification of a geological works project aimed at using Earth's heat or examining geological structures related to hydrocarbon deposits (geophysical surveys),

and obtained geological information, has the right to use it free of charge, and this right is unlimited in time.

Such an entity has the exclusive right to use the geological information for a period of 5 years from the date of delivery of the administrative ruling approving the geological documentation or from the date of submission of the documentation to the authority, for the purpose of applying for activities in the field of:

• extraction of minerals from a deposit,

• extraction of hydrocarbons from deposits during the extraction phase,

• underground non-reservoir storage of substances, underground waste storage, and underground carbon dioxide storage,

• activities requiring a water law permit,

• reconstruction of decommissioned boreholes for the purpose of using Earth's heat.

An entrepreneur is obliged to submit geological information in the case of holding:

• a concession for the exploration or appraisal of a mineral deposit,

• a concession for the exploration or appraisal of a carbon dioxide underground storage complex,

• a concession for the exploration and appraisal of a hydrocarbon deposit and the extraction of hydrocarbons from the deposit,

• an administrative ruling approving a geological works project,

• a notification to the authority of a geological works project (e.g. deep subsoil structure appraisal or geophysical surveys).

The legislator has stipulated that, for geological works considered strategic from the perspective of national interests, entrepreneurs are required to submit geological samples and data to the national geological service, specifically in cases of:

• exploration or appraisal of mineral deposits referred to in Article 10(1) and (2) of the Geological and Mining Law (GML),

• exploration or appraisal of a carbon dioxide underground storage complex,

• drilling boreholes for the purpose of deep subsoil structure appraisal,

• conducting regional studies of the country’s geological structure,

• determining hydrogeological and engineering-geological conditions for the purposes of: underground non-reservoir storage of substances, underground waste storage, or underground carbon dioxide storage.

In the case of geological works aimed at the exploration and appraisal of hydrocarbon deposits, the entrepreneur is additionally obliged to submit geological data on an ongoing basis to the concession authority.

The scope of sample submission is defined in the relevant concession or administrative ruling approving the geological works project.

The Act specifies the following deadlines:

• 14 days – for submitting geological data and sample test results,

• 60 days – for submitting geological samples.

Geological information (data and test results) must be submitted in both paper and electronic formats.

The Act imposes an obligation on entrepreneurs conducting hydrocarbon extraction activities to submit current extraction parameters to the concession authority (Ministry of the Environment) and the national geological service within 14 days of obtaining them, in the scope, formats, and procedure specified in the Regulation of the Minister of the Environment of 9 June 2015 on the transfer of information from ongoing documentation of geological works.

Digital data carriers on which information from ongoing documentation of geological works should be submitted include:

• hard drives,

• CDs / DVDs,

• portable devices containing Flash EEPROM memory – USB memory (also referred to as: pendrive, USB Flash Drive),

• magnetic tapes in LTO standard.

Geological information is collected in archives maintained by geological administration authorities (the Minister of the Environment, voivodeship marshals, and district governors). Materials collected by the Minister of the Environment are available in the archive managed by the Polish Geological Institute – National Research Institute (PIG-PIB).

The Polish Geological Institute – National Research Institute, in its role as the national geological service, operates under the name National Geological Archive, which includes the central geological archive and repositories where long-term storage samples are kept. These samples originate from geological works related to the exploration and appraisal of mineral deposits subject to mining ownership rights as defined in Article 10(1) of the Act of 9 June 2011 – Geological and Mining Law (including deposits of hydrocarbons, hard coal, methane as an accompanying mineral, lignite, metal ores excluding bog iron ores, native metals, radioactive element ores, native sulfur, rock salt, potassium salt, potassium-magnesium salt, gypsum, anhydrite, and gemstones).

According to Article 98(1) of the Geological and Mining Law (GML), geological administration authorities and the national geological service collect, archive, register, protect, and share geological information stored in their respective archives.

Detailed rules for sharing geological information are regulated by the Regulation of the Minister of the Environment of 30 October 2017 on the collection and sharing of geological information (Journal of Laws of 2017, item 2075). This regulation defines three forms of access to geological materials:

1. INSPECTION – allowing the interested party to view geological samples and original or copied archival geological materials in a room adapted for convenient use, without the right to reproduce, transcribe, trace, print, photocopy, or copy in electronic form or any other form of recording documents and data sets. In the case of samples, photography is permitted, but sample collection is not allowed.

2. FULL ACCESS – providing the interested party with reproductions, transcriptions, tracings, prints, photocopies, electronic copies, or other forms of recording geological information from archival materials. In the case of long-term storage geological samples, this includes their collection and release.

3. NETWORK SERVICE – access to archival materials via electronic communication tools, through services presenting selected information.

• details of the requesting entity,

• the title of the document or data set and the year of its creation, or information contained in the sample’s metadata to which the request pertains,

• archival registration number,

• the method of access to the geological information,

• the purpose of accessing the geological information.

1. geological data (related to minerals listed in Article 10(1) and (2) of the Geological and Mining Law (GML), from boreholes used to investigate deep subsoil structure or from regional studies of the country’s geological structure, including geophysical measurement results),

2. geological samples,

3. geological documentation intended for use in activities such as: extraction of minerals from deposits, extraction of hydrocarbons during the production phase (based on a concession for exploration, appraisal, and extraction of hydrocarbons), underground non-reservoir storage of substances, underground waste storage, or underground carbon dioxide storage, where a water law permit is required,

the request must be accompanied by a contract for the use of geological information for remuneration, concluded with the State Treasury, represented by either the Minister of Climate or the voivodeship marshal, along with proof of payment for the use of geological information.

If the right to use the geological information specified in the request belongs to entities other than the State Treasury, or if the request concerns geological information subject to exclusive usage rights, the request must be accompanied by written consent from the entity holding such rights.

According to Article 82(8) of the GML, from the date the entity conducting geological works submits documentation until the date of delivery of the administrative ruling approving the geological documentation, or until the date of submission of documentation prepared in the cases referred to in Article 92(3) and (5) of the GML, the national geological service and concession authorities do not share geological data, samples, or test results originating from the ongoing documentation of geological works.

A fee is charged for access to geological information, covering the costs of recording and transferring the information. However, fees may be waived if the cost of collecting and processing the payment exceeds the amount of the fee itself. For geological information requiring additional processing, a fee is charged that reflects the cost of processing, preparation, recording, and delivery of the information in the specified format or manner.

Geological administration authorities and the national geological service are obliged to provide collected geological information free of charge to public administration bodies, to the extent necessary for the performance of their statutory duties. The shared information may not be used for commercial purposes or transferred to other entities.

According to Article 100(1) of the Geological and Mining Law (GML), the use of geological information to which the State Treasury holds the rights is free of charge, except in the following cases:

• use of geological documentation or similar studies for the purpose of conducting activities such as:

  • extraction of minerals from deposits,

  • extraction of hydrocarbons from deposits during the production phase, as referred to in Article 49v(2)(b) of the GML,

  • underground non-reservoir storage of substances,

  • underground waste storage,

  • underground carbon dioxide storage,

  • activities requiring a water law permit,

  • reconstruction of decommissioned boreholes for the purpose of utilizing Earth's heat;

• use of geological samples if the research leads to damage, destruction, or consumption of the sample, regardless of the purpose of use;

• use of geological data concerning:

  • minerals referred to in Article 10(1) and (2) of the GML,

  • boreholes used to investigate deep subsoil structure,

  • regional studies of the country’s geological structure,

  • results of geophysical measurements.

Anyone interested in acquiring the right to use geological information to which the State Treasury holds the rights must submit a request to:

1. the voivodeship marshal – for activities requiring a water law permit, or
2. the Minister of the Environment – in all other cases.

You can download the application template for entering into a paid-use agreement for geological information (DOC format), prepared in accordance with the Regulation of the Minister of the Environment of 20 December 2011 on the use of geological information for remuneration (Journal of Laws of 2011, No. 292, item 2075), by clicking here.

The basis for determining the remuneration for the use of geological information is a valuation specifying the costs of designing, conducting, and documenting geological works, financed by the entity applying for access to the information. If the valuation is to serve as the basis for determining the fee for using information related to mineral extraction, it may only be prepared by individuals who hold qualifications for conducting, supervising, and managing geological works, confirmed in the category corresponding to the type of geological information being valued.

Before entering into the agreement – for the purpose of conducting activities referred to in Article 100(2) of the GML – the State Treasury, represented by the Minister of the Environment:

1. requests an opinion from the concession authority regarding the submitted application,
2. commissions verification of the geological information valuation,
3. may return the valuation for correction if it contains significant errors.

These actions directly affect the processing time of the application, and should be taken into account when submitting a request to acquire the right to use geological information.

The disposal of geological information rights held by the State Treasury is granted only for a fixed period.

Revenue from the disposal of geological information rights belonging to the State Treasury constitutes income for the state budget. Payments under agreements concluded by the Minister of Climate and Environment should be made to the following account:

Bank: Narodowy Bank Polski O/O Warszawa
Account number: 07 1010 1010 0006 3522 3100 0000
BIC: NBPL PLPW
Payment reference: Geological information – Agreement No ………………………

Entities that have entered into paid-use agreements with the State Treasury are required to submit documents relevant to the terms of the agreement, particularly final administrative rulings on the granting or amendment of concessions, under penalty of contractual fines. To fulfill this obligation, entrepreneurs must submit documents directly to the Ministry of the Environment (submission of rulings by the concession authority according to distribution lists does not fulfill the obligation of the entity using the geological information).

In the case of agreements concluded by voivodeship marshals, payments for the disposal of geological information must be made to the marshal’s account. These authorities, after deducting 5% of the revenue, must transfer the remaining amount to the account of the relevant voivode, pursuant to Article 255(1) of the Public Finance Act (Journal of Laws No. 157, item 1240, as amended). According to Article 6(1)(5) of the Act of 13 November 2003 on the revenues of local government units (consolidated text: Journal of Laws of 2010, No. 80, item 526, as amended), 5% of the revenue collected on behalf of the state budget in connection with the implementation of government administration tasks and other statutory duties constitutes the own revenue of the voivodeship (as a local government unit).