Bezpieczeństwo Pracy i Ochrona Środowiska w Górnictwie Number 09/2019

Mining supervision authorities have participated in proceedings concerning cases of illegal extraction of minerals only since 2012, when the Geological and Mining Law obliged them to issue decisions ordering the suspension of unlicensed activities. Between 2012 and 2014, they issued a total of 281 such decisions. Since 2015, these authorities are competent for charging the increased fee. Between 2015 and 2018, they issued 435 decisions within this respect, imposing fees for a total amount of PLN 99.8 million. In cases of attempts to circumvent the Geological and Mining Law based on other administrative decisions, such as building permits, fees are charged based on the amount of minerals extracted as a result of activities extending beyond them. In order to support regional mining authorities in this respect, the State Mining Authority (Polish: Wyższy Urząd Górniczy – WUG), among other activities, developed and then updated the methodology of conducting proceedings in such cases, specifying such aspects the method of gathering evidence,  documentation specimen for the amount of mineral extracted, the method of determining the specific gravity of the mineral, and the principle of joint and several liability of offenders. With the support of the National Fund for Environmental Protection and Water Management (NFEP&WM), it equipped employees of Regional Mining Authorities (Polish: Okręgowy Urząd Górniczy – OUG) with equipment that guarantees reliable preparation of evidence. The course of 48 cases filed against the President of WUG with the Voivodeship Administrative Court in Gliwice in the years 2015–2018, out of which the court recognized the arguments of the appealing party in only 4 cases, may serve as a testimony to the high standards of procedures introduced in mining authorities and to the high competences of their employees. However, in order to effectively eliminate unlicensed extraction, it is still necessary to analyse experiences concerning the functioning of regulations and propose new legislative solutions in this respect (e.g. simplifying the process of obtaining licences for land-bound minerals).

While analysing the management systems in construction, risk assessment would be considered as one of the most important factors. As such, all elements implemented during the project must be based on continuous risk control. Hazards are a permanent element of work and cannot be completely eliminated, nevertheless they can be managed. One way of doing so, is implementing a mature Health and Safety system within the company, where quality can be measured by means of how the risk management elements were implemented This being said, Health and Safety measures cannot be carried out spontaneously. Every investment, organizational changes and projects should be preceded by an accurate analysis of the risk that may occur. The best practice is to carry out, within a group of specialists a thorough risk assessment for each job. Compliance with legal requirements is just the beginning, which is evidenced by the statistics of fatal and serious accidents. In such cases, the problem of underestimating the risk is commonly present already at the stage of obligatory document formation

Between 2016 and 2018, the consortium of PGNiG S.A. and PIG–PIB (Polish Geological Institute – National Research Institute) performed reconstruction and intensification works at the intersectional well system of Gilowice-1/Gilowice-2H, drilled between 2011 and 2012 by Dart Energy (Poland) Sp. z o.o. Several modern technologies were used to obtain increased methane flow from coal seams. After lowering 4 1/2" casing strings into the Gilowice-2H well, hydraulic fracturing with a proppant was performed in the horizontal section (using plug and perf technology). Next, the production test commenced, consisting in its first stage in the collection of spent fracturing fluid (the so-called flowback ), and lowering the liquid surface in the well during the next stage so as to exceed the critical desorption pressure and obtain a constant flow of gas. Analysis of data obtained from the test confirmed the effectiveness of the technologies used: a 60-fold increase in gas extraction was obtained while using the same pressure depression. The results of the work carried out in the Gilowice-1 and Gilowice-2H well system were so promising that it was decided to drill further wells and designate them for hydraulic fracturing. In addition, the Gilowice-1 well was designated for management.

The article describes a mining supervision authority's mode of decision-making regarding authorisation to conduct mining operations, on the example of the planned extraction of the 362/1 seam via the P-1 longwall by JSW S.A. "Pniówek" Coal Mine in Pawłowice, due to surface protection. Authorisation is granted by approving an operation schedule that includes mining operations. Before a decision is made to approve the plan, a detailed analysis is carried out in terms of ensuring general safety, preventing damage, and taking into account the terms and conditions set out in the licence and the deposit management project. The opinion of local government bodies regarding compliance with the local zoning plans is also taken into account. Such analysis and opinion of the head of the Pawłowice municipality showed that the mining operations included in the appendix to the mine operation schedule of JSW S.A. "Pniówek" Coal Mine would not violate the conditions set out in the licence and deposit management plan or the provisions of the local zoning plan of the Pawłowice municipality. This allowed the director of the Regional Mining Authority (Polish: Okręgowy Urząd Górniczy – OUG) in Rybnik to decide on the appendix in question. The actual extent of terrain deformation is systematically measured by mine services along the established observation lines. So far, geodetic observations indicate that the conducted analysis and the issued decision are correct.