mining property; landownership; legal situation of mineral deposits; prawo geologiczne i górnicze
Prawne Problemy Górnictwa i Ochrony Środowiska Nr 2 (2017), s. 11-28
According to Art. 10 of GMA deposits of hydrocarbons, hard coal, and methane occurring
as an accessory accompanying mineral, lignite, metal ores except of bog soddy iron ores, native
metals, radioactive element ores, native sulphur, halite rock salt, potassium salt and potassium
— magnesium salt, gypsum and anhydrite, precious stones (gemstones), curative waters, thermal
waters and brines — irrespective of their location (the place of their occurrence), are subject to
mining property belonging to the State Treasury. Mining property also covers the parts of the
formation rock mass located outside the borders of the land property, in particular those located
within the maritime territories of the Republic of Poland. All other minerals are the subject to
the land property. The provisions of the Civil Code apply, mutatis mutandis, to the mining property.
The State Treasury, in the limits prescribed by the law, to the exclusion of other persons,
may use the object subject of the mining property or dispose of its rights solely by the creation
establishing of a mining usufruct. The mining property is inalienable (non-transferable).