III RN 11/99
AI generated
Supreme Court dismisses extraordinary review, ruling groundwater in mines remains groundwater under mining law.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the extraordinary review filed by the Minister of Justice against the National Administrative Court's decision. The power plant argued that mining law grants free access to groundwater, making it distinct from surface water subject to fees. The court rejected this, holding that water appearing in mine workings remains groundwater regardless of the mine's operational status.
Legislator headnote
AI generatedArt. 89 of the Mining Law; § 2 point 3 of the Water Fees Regulation: Water appearing in mine workings constitutes groundwater, and mining enterprises remain exempt from water fees under mining law provisions.
Keywords
AI generated
extraordinary review dismissal
groundwater definition
mining law exemption
water fees regulation
administrative litigation
Cited Legislation
AI generatedArt. 22 ust. 1 pkt 1 and ust. 2 pkt 1 of the Act of 11 May 1995 on the Supreme Administrative Court
Art. 53 ust. 2 pkt 1 of the Water Law of 24 October 1974
Art. 56 of the Water Law of 24 October 1974
§ 2 point 3 of the Regulation of the Council of Ministers of 27 December 1993 on fees for special use of waters and water equipment
Art. 89 of the Geological and Mining Law