What is a geological works project, when does the obligation to prepare it arise, and what requirements must it meet?
The obligation to prepare a geological works project stems from Article 79(1) of the Geological and Mining Law Act of June 9, 2011 (PGG). It applies to geological works involving subsurface geological activities and seismic surveys conducted for the foundation of offshore wind farms.
The formal requirements for the geological works project are specified in Article 79(2) of the PGG. These provisions provide a non-exhaustive list of the necessary elements.
A geological works project should, in particular, specify:
- the purpose of the planned works and how that purpose is to be achieved;
- the type of geological documentation to be produced as a result of the works;
- the schedule of the geological works;
- the area in which the geological works will be carried out;
- measures necessary for environmental protection, including groundwater, the method of decommissioning excavations and boreholes, land reclamation, and activities to prevent damage resulting from the intended works.
Further detailed requirements are provided by the Regulation of the Minister of the Environment of December 20, 2011, on detailed requirements for geological works projects, including those requiring a concession.
According to the regulation, the project consists of two parts: textual and graphic.
The textual part must include, depending on the purpose of the works:
- a summary of the results of previously conducted geological works and geophysical, geological and geochemical surveys in the area of the intended geological works, and a list of geological archival materials used, along with their interpretation and representation on a geological map, at the appropriate scale, of the area or locations of these works and surveys;
- a description of the geological structure and hydrogeological conditions in the planned work area, including anticipated geological profiles of designed excavations;
- a feasibility assessment of achieving the purpose of the works, including:
- expected construction of boreholes or excavations;
- method and timing of borehole or excavation closure and land reclamation;
- description and justification of the scope, methods, and location of intended geophysical and geochemical surveys;
- the scope of laboratory tests;
- a schedule of planned geological works, including their start and end dates;
- the type of geological documentation expected to result from the works.
The graphic part is a topographic map with the geological work area marked, as well as other types of maps depending on the purpose of the work – a geological map, hydrogeological map, geological-engineering map, geophysical map and geological cross-section. a topographic map marking the area of the geological works;
Approval of the Geological Works Project
Geological works projects that do not require a concession must be approved by the competent geological administration authority through an official decision.
The approval process also requires:
an opinion from the mayor (village head, town mayor, or city president) based on the location of the planned works; for offshore works related to hydrocarbon exploration or appraisal, additional opinions from:
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- the President of the Higher Mining Authority (on technical feasibility and safety),
- the Minister of National Defence, and
- the minister responsible for fisheries, regarding the location of the works.
Approval is granted for a specific period, not exceeding 5 years, depending on the scope and schedule of the proposed geological works.
Amendments to the geological works project are made by drafting an addendum. If the works do not require a concession, the addendum must also be approved by the competent geological administration authority through a decision.
An opinion from the local mayor (village head, town mayor, or city president) is required for the addendum only if it covers areas that were not previously subject to assessment regarding compliance with the local spatial development plan or the municipality’s general plan.