Amendments to the provisions of the Real Estate Management Act regarding mining sites.

As of the beginning of 2024, an amendment introduced by the Act of June 16, 2023, amending the Geological and Mining Law and certain other acts ( Dz. U. 2023 item 2029) will come into effect.

Article 6 point 2 of the Act introduces the new wording of Article 19 sec.1 point 1 of the Real Estate Management Act of August 21, 1997, according to which the jurisdiction of the authorities giving opinions on the trading of real estate located in mining areas is changed. Starting next year, in the absence of a local plan, it will be necessary to obtain an opinion from the mining supervisory authority regarding the potential anticipated impact of the mining works of a mining plant on the property subject to the contract, if the property is located within the boundaries of a mining area established for the purpose of conducting activities concerning mineral deposits referred to in Article 10 point 1 of the Geological and Mining Law.

The amended provision of the Law on Real Estate Management contains restrictions on the trading of real estate belonging to the State Treasury or local government units, located in the areas listed therein, i.e. mining areas, national parks and bordering on real estate placed under permanent management for state defence and security purposes.

The provision does not apply to all legal transactions in real estate, but only to restrictions on the sale of real estate, granting of perpetual usufruct, usufruct, lease or rental.

In the current state of law, the restrictions imposed by the legislator on the marketing of real estate located in mining areas, require, in the absence of a local plan, an agreement with the authority competent to grant a license for mineral extraction.

From the beginning of next year, the above-mentioned amendment to the provision will introduce the obligation to obtain, in the absence of a local plan, an opinion from the mining supervisory authority regarding the potential anticipated impact of the mining works of the mining plant on the property subject to the agreement, provided that the property is located within the boundaries of a mining area established for the purpose of conducting activities concerning mineral deposits referred to in Article 10(1) of the Geological and Mining Law