On 1 September 2023, the President of Poland, Andrzej Duda, signed an act on amending the Geological and Mining Law (GML) and certain other acts. The provisions of the legal act are aimed at, among others, better preservation of mineral deposits, introduce legal instruments associated with the energy and climate transition, and amend regulations governing the activities of the state geological survey (PSG).

From the perspective of the Polish Geological Institute - National Research Institute, the significant change applies to the functioning of two twin services – the state geological survey and the state hydrogeological survey, previously assigned under the competence of two different ministers. It was recognized that the functioning of a separate hydrogeological service in a situation, where in a scientific and practical sense it is a part of geology was unjustified.

The inclusion of the state hydrogeological survey into the tasks of the state geological survey will come into life as of 1 January 2024.

The provisions of the Water Law act have also been amended in this regard.

The issue of acquiring qualifications in the profession of a geologists by persons employed at PIG-PIB and conducting the tasks of the state geological survey has also been addressed. After the Act’s amendment, each employee of this service working on the development and verification of geological documentation and applying for the confirmation of being a qualified geologists will be able to recognize it as professional experience. A prerequisite will be the execution of tasks associated with developing geological work projects and geological documentation related to the operations aimed at investigating the geological structure of the country, including the determination of mineral deposit resources, as well as to verifying geological documentation, taking into account geological aspects, and prior to their approval – based on this task being entrusted by the minister responsible for environmental issues.

The provisions related to PIG-PIB conducting PSG tasks with regard to initiating, coordinating and conducting operations aimed at investigating the geological structure of the country were amended. These operations include work of fundamental importance for the national economy. As a result of the change, PIG-PIB will be authorized to investigate the geological structure of the country based on a geological work project, and to determine mineral deposit resources, referred to in Art. 10(1) of the GML. Such a solution has an additional positive aspect, namely, it enables the State Treasury benefiting, within a short period after approving a geological work project, from disposing of the geological information originating from the PSG documenting the deposits.

In order to streamline PSG operations related to acquiring, recording, archiving, protecting and sharing geological information, the amendment grants the survey with new powers. There have previously been numerous situations where entities with geological information refused to share it. Now, anyone holding documents or other media containing geological information that the State Treasure is entitled to shall be obliged to share it at the request of the state geological survey, pursuant to the terms set out in the act. The protection of geological information acquired by the PSG was also reinforced. Its unauthorized disclosure shall be subject to punishment.

Verifying the correctness of geological work execution sampling and other auxiliary activities based on a separate authorization from a competent geological administration authority were removed from the scope of statutory tasks of the PSG. This task can still be conducted by PSG, but it is awarded an “ad hoc” nature depending on the minister supervising the PSG entrusting its implementation.

Furthermore, due to the change in the regulations regarding strategic deposits, PSG has been tasked with issuing opinions related to recognizing whether a deposit should be deemed strategic. After approving geological documents covering the assumptions set out in Art. 10(1) of the GML, the minister competent for environmental issues will decide in each case, whether initiating proceedings to recognize a deposit as strategic is justified. In doing so, the minister will draw upon the opinion of the, among others, state geological survey. According to the act amendment drafter, PIG-PIB is a specialized institution with human resources consisting of professionals authorized to formulate opinions on the need for recognizing a deposit as strategic. Therefore, the position taken by PSG will be of significant importance in the decision-making process of the minister competent for environmental issues.

The scope of tasks of the PIG-PIB as the National Administrator of Underground CO2 Storage Sites (KAPS) was expanded with new ones that involve annual reporting of information related to monitoring underground non-reservoir substance storages and underground waste storage sites to the minister competent for environmental issues. Furthermore, the amendment introduces the obligation to develop a plan of work associated with the implementation of tasks related to KAPS CO₂.

In addition, the new law expands PIG-PIB tasks with the duty to monitor and balance cross-border groundwater bodies within areas particularly important with regard to public interest.

An important change for PIG-PIB employees conducting PSG tasks applies to the requirement of holding an ID card as of 1 January 2024 that enables employee identification. The act shall enter into force after the expiry of 30 days from the date of the announcement, subject to exceptions provided for therein.

The introduction of the tasks of the state hydrogeological survey into the scope of work of the state geological survey shall become effective as of 1 January 2024.