Glosa do wyroku Naczelnego Sądu Administracyjnego z dnia 20 maja 2015 r., II OSK 394/15

Abstract

The commented judgment regards the statutory command to include information about mineral deposits in the study of conditions and directions of local (spacial) development. Since the municipal council had ignored this obligation while preparing the study, the voivode (as the supervisory authority) had an obligation to appropriately modify this document by replacement ordinance. Environmental Protection Law in its Art. 72 provides that such studies as well as local development plans must take into account the current and future needs related to the mining of minerals from deposits.