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Approval of the Design of Geological Works

Purpose of the decision

The purpose of the decision is for the authority to verify the geological conditions of project implementation in order to ensure the safety of the investor’s works.

In accordance with the currently applicable regulations, geological works involving geological operations may only be carried out on the basis of a geological works design.

The design of geological works defines in particular:

  • the objective of the planned works and how it is going to be attained;
  • the type of the geological records that are expected to be created as a result of the geological works;
  • the schedule of geological works;
  • the space where the geological works are to be performed;
  • the undertakings necessary for environmental protection (including groundwater protection), the methods for refilling excavations and boreholes, land reclamation methods as well as any tasks which are intended to prevent potential damage caused by the planned works.

Data for the preparation of the geological works design may be obtained from geological information provided by the Polish Geological Institute – National Research Institute through publicly available online platforms (geologia.pgi.gov.pl; baza.pgi.gov.pl), as well as in a mobile version (geolog.pgi.gov.pl).

When is the approval required?

The decision must be secured before the commencement of geological works.

Elements of an application for the approval

The application for approval of the design of geological works must:
  • identify the person filing the application and their address;
  • contain the request for approval of the attached design of geological works along with the time brackets for which the approval is needed.
Furthermore, the applicant should attach the following:
  • 2 copies of the geological works design, whereby the geological administration authority may require submission of an electronic copy of the design;
  • details of the owners (or perpetual usufruct holders) of the property within which the works are to be carried out, along with an extract from the land and building register issued no earlier than three months prior to submission;
  • a proof of stamp duty payment;
  • authorisation – if the application is filed by an authorised representative together with proof of payment of the stamp duty for the power of attorney.

The process

Once filed, the application for approval of the geological design is reviewed by the competent authority, which checks it for content-related and formal aspects. The authority consults the design of the geological works with the commune administrator (Polish: wójt) or the mayor having jurisdiction over the site of the geological works and, in specific situations, also with the minister of national defence and the minister competent for fishery.

The authority may deny the decision only if:

  • the planned geological works would violate environmental protection requirements,
  • the design of the geological works does not meet legal requirements;
  • the types and scope of the planned geological works and their performance method are not consistent with the objective of the works.
  • the planned geological works may pose a threat to the public interest, as referred to in Article 29(1)(1)(a) and (b) of the Geological and Mining Law.

After approving the design of geological works, the approving authority is obligated to promptly deliver a copy of the decision to locally competent geological administration authorities and the mining supervisory authority and the national geological service.

Duration of the process

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 required documentation).

Authority competent for the approval

The geological administration authority of first instance competent to approve the geological works design for the purpose of exploration and identification of thermal water deposits is the province marshall.

Approval validity period

The design of geological works is approved for not more than 5 years, depending on the scope and schedule of the intended works.

What is the fee for the approval?

The stamp duty for the approval of a design of geological works is PLN 10 and it must be paid at the submission of the application.

The stamp duty for an authorisation is PLN 17.

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

How to appeal?

The party may appeal within 14 days of receiving the decision to the minister in charge of environmental matters. Subsequent available remedies include a complaint to the Provincial Administrative Court and, as the next step, to the Supreme Administrative Court.

Can the application be filed online?

The applicable regulations do not provide for a possibility of applying online. However, some public administration bodies competent for the matter allow the applicants to use the ePUAP service.

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

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