The article discusses problems related to rules and regulations determining compensations for the mining usufruct of mineral deposits covered by the so called “state mining ownership”. Specific acts of law framing agreements on mining usufruct between government and mining enterprises were analyzed. Rules and algorithms applied to calculate an appropriate compensation are evaluated leading to several conclusions, including the one about lack of a direct legal grounding for them. Such a situation creates disputes and may be risky for all involved. It was also indicated that, in parallel, the State lets another class of mineral deposits, namely the ones owned as a result of real estate ownership and the related Civil Code regulations confirmed by the mining law. In such cases, a mining entrepreneur gets usufruct of a real estate, but only the one with mineral rights. Subsequently a comparison of the rules and algorithms established for determining compensation for mining usufruct and for usufruct of real-estates comprising rights for mineral assets was performed. Arguments for a far going harmonization between these two were put forward. This implies that a starting point for determining any compensation has to be a valuation of a relevant mineral deposit market value as opposed to any universal, however complicated, prescribed algebraic formula. Such a process is complicated and demands competences in geology, mining and finance. Consequently, regulations set in the Polish Mineral Asset Valuation Code shall be applied to both a running a valuation process and indicating competent persons. As a result, recommendations leading to correlate rules applied in both cases are put forward including the adoption of mineral asset valuation as a fundament to determine the level of compensation for the mining usufruct. The closing section contains recommendations regarding necessary changes in the legal framework.
The article discusses the problem of the supply of a by-product, which is synthetic gypsum produced as a result of flue gas desulphurization in conventional power plants. The state of production and forecast for the future are presented. Currently, synthetic gypsum is almost entirely used as a raw material in the gypsum products plant located in the immediate vicinity of the power plant. Since the mid-1990s, in Poland, an increase in the production of synthetic gypsum associated with the construction of a flue gas desulphurization installation in Polish conventional power plants has been observed. In the near future, the upward trend will continue in connection with the construction of new coal units in power plants. Significant surpluses of this raw material will appear on the market, which will not be used on an ongoing basis in the production of gypsum components. However, due to the EU’s restrictive policy towards energy based on coal and lignite, within the next few decades, the share of conventional power plants in energy production will be gradually reduced. As a consequence, the supply of synthetic gypsum will also gradually decrease. Therefore, it is advisable to properly store the surplus of this raw material so that it can be used in the future. Taking this into account, it is already necessary to prepare methods for storing the expected surpluses of synthetic gypsum. For this purpose, post-mining open pits are particularly suitable, especially in mines of rock raw materials. The article proposes a legal path enabling the post-mining open pits to be transformed into a anthropogenic gypsum deposit.
The article characterizes geological formations occurring in the Polish lignite deposits having the characteristics of raw materials, i.e. accompanying minerals, giving their location, quality characteristics, estimated resources and potential applications. Attention has also been paid to the economic suitability, e.g. in infrastructure works and for the reclamation of many geological formations found in the overburden, classified as so-called earth or rock mass. There are also raw materials of sorption properties representing a huge potential source of minerals valuable for the economy and environmental protection. This refers to e.g.: beidellite clays from Bełchatów, Poznań clays from the region of Konin and Adamów, lacustrine chalk from Bełchatów, as well as Mesozoic limestone from the lignite bedding in Bełchatów. The reasons for the unsatisfactory use of accompanying minerals have been given. The authors described the methods used in the mining operation and processing of associated minerals, also applicable in Poland, as the legal basis for the extraction of these minerals and the economic and financial conditions. They stressed the need to protect mined not associated minerals used by the construction of anthropogenic deposits. This activity primarily requires regulating the legal status of these deposits and the development and application of an economic and financial system that stimulates the economy of these minerals. In summary, the necessary actions were taken to increase the use of the accompanying minerals and their contribution to the balance of mineral resources in the country.