Przymiot strony w postępowaniu w sprawie zatwierdzenia planu ruchu podziemnego zakładu górniczego (część I)

Abstract

The aim of the present article is to answer the question of whether, apart from an entrepreneur who makes a request for approval of a movement plan of underground mining enterprise or of underground mining enterprise under liquidation (liquidation of a specific part) in the administrative proceedings, the attribute of a party may be granted to other subject. Under the previous legal regime, on the ground of Articles 64 and 65 of the Act of 4 February 1994 – Geological and Mining Law, the administrative courts in its jurisprudence expressed a view according to which the right of a party in the proceedings on the approval of a mining enterprise’s movement plan may be attributed solely to an entrepreneur making request for approval of a movement plan and there was no possibility to grant the status of a party in the above proceedings to other subjects. This article thus also attempts to assess the relevance of the above view under the present legal regime against the background of Articles 108 and 109 of the Act of 9 June 2011 – the Geological and Mining Law as far as it concerns the approval of the two mentioned movement plans.The present article consists of two parts. The first part concentrates on giving introductory remarks. At the beginning the notion of a movement plan is explained, as well as the definition of a party under Article 28 of the Code of Administrative Proceedings of 14 June 1960 is described. Subsequently, the article analyses the question of the attribute of a party to the proceedings on the approval of an underground mining enterprise’s movement plan. The article also discusses the provisions (elements) included in this plan, the content of which may be relevant to the legal interests’ sphere of persons other than an entrepreneur, in particular to real estate owners (perpetual lessees) whose properties are located within the mining area.