In Chapter 2 of the Act of June 9, 2011 – the Geological and Mining Law (GML), the legislator imposed a number of obligations on entrepreneurs operating mining plants.
The primary legal regulation concerning the operation of a mining plant is contained in Article 105(1) of GML, which states that the operation of a mining plant must be carried out in compliance with legal provisions, particularly based on the mining plant operation plan, and in accordance with mining engineering principles.
A mining plant is defined as a technically and organizationally separated set of means used directly for conducting activities regulated by the Act in the field of extracting minerals from deposits. In the case of underground mining plants extracting hard coal, this also includes activities technologically related to extraction, such as preparing the extracted mineral for sale, underground non-reservoir storage of substances, underground waste storage, or underground storage of carbon dioxide, including mine excavations, construction facilities, equipment, and installations (Art. 6(1)(18) GML).
The GML provides two exceptions regarding the mining plant operation plan. This plan does not need to be prepared:
- if the concession was granted by the Starost – in such case, the operation is based on the conditions specified in the concession;
- if geological works for the purpose of prospecting or identifying mineral deposits are carried out without explosives at a depth of up to 100 m outside the mining area – in such cases, operations are based on the concession or the decision approving the geological work design.
It should be noted that the entrepreneur must prepare a separate mining plant operation plan for each mining plant. Mandatory elements of this plan include:
- the organizational structure of the mining plant, especially indicating positions of supervisory and management personnel;
- boundaries of the mining plant;
- detailed undertakings necessary to ensure:
- performance of activities covered by the concession,
- public safety,
- fire safety,
- safety of persons within the mining plant, especially regarding occupational health and safety,
- rational deposit management,
- environmental protection,
- protection of buildings,
- prevention and remediation of damage.
If a mining plant consists of at least two independently operating parts, the plan must specify the relevant data separately for each part.
The operation plan is prepared for a period of 2 to 6 years, or for the entire intended period of operation if it is shorter.
The mining plant operation plan requires the opinion of the relevant commune head (mayor, town mayor). A positive opinion depends on whether the planned activity does not violate the intended use or way of use of real estate defined in the local spatial development plan or, in its absence, the general municipal plan or other regulations. The opinion must be issued within 14 days of receiving the request. If no opinion is expressed within that period, it is assumed that the authority has no objections.
Another obligation of the entrepreneur operating the mining plant is to obtain approval of the operation plan from the relevant mining supervisory authority. If the works covered by the plan are within the jurisdiction of two or more supervisory authorities, the competent authority for the plant’s registered office grants the approval. The application for approval must be submitted at least 30 days before the intended start date of works. The mining plant operation plan is approved by the mining supervisory authority by means of a decision.
The application must include:
- two copies of the plan, signed by the entrepreneur and the mining plant operations manager who will implement it;
- copies of required decisions issued by other authorities, especially concerning environmental protection;
- the opinion of the relevant commune head (mayor, town mayor) or information that no opinion was provided, and in the case of objections, a statement on how the entrepreneur addressed or justified not addressing them;
- for activities involving the exploration, identification, or extraction of rock salt or native sulfur by borehole methods, hydrocarbon extraction from deposits, or underground non-reservoir substance storage and underground waste storage – proof of the applicant’s right to the property within the mining plant boundaries or where the mining/geological works will take place.
Note: Deviation from the approved plan is only permissible in the event of a threat to the safety of the plant, public safety, or the environment. In such cases, the entrepreneur must immediately take necessary actions to protect human health and life, secure the plant’s facilities, ensure public safety, and protect the environment. These actions must comply with mining engineering and health and safety standards. The entrepreneur must also notify the appropriate mining supervisory and consultative or coordinating authorities.
At the same time, under Article 117 of the GML, the entrepreneur is also required to:
- identify hazards related to mining plant operations and take preventive and remedial actions;
- have appropriate material and technical resources and operational services to ensure employee and plant safety;
- keep a record of persons present in the plant, including their names and job titles;
- assess and document occupational risk and apply necessary risk-reducing measures, including preparing a health and safety document;
- maintain and store documentation of plant operations;
- have technical solutions verified by a certified mining operations expert – in cases specified by regulations issued under Article 120(1) and (2) of the GML.
It should also be noted that storing or using blasting equipment at the plant requires a permit issued by the appropriate mining supervisory authority for the location of the blasting works. If these works are within the jurisdiction of more than one supervisory body, mining supervisory authority competent for the registered office of the mining plant.
Due to the risks associated with mining operations, Article 112 of the GML introduces specific requirements regarding worker qualifications and training.
The general rule is that mining plant operations must be conducted under the supervision of qualified personnel.
People performing duties in the plant must be trained in health and safety regulations and principles, including the safe performance of their assigned tasks. They may not be allowed to work unless they demonstrate sufficient knowledge of these rules.
Training is organized and conducted by the entrepreneur or, upon their request, by a training entity. It must take the form of a specialized course for supervisory and management personnel and individuals specified in Article 53(5) of the GML, based on a detailed training program developed by the training provider. The detailed program of the specialized course takes into account the hazards that occur in the operation of a mining plant.
The entrepreneur must obtain approval of this program by decision from the competent mining supervisory authority.
This publication does not cover the operation of a mining plant extracting hydrocarbons from deposits, for which the legislator has provided additional or separate conditions.