Applicable principles and procedure
The procedure
The mining damage redress procedure follows the internal “Rules and Regulations of Redressing Damages Caused by the Operation of a Mining Plant” as well as the procedures implemented in the Integrated Management System to address the prevention and redress of damages connected with the operation of a mine.
Reporting the damage
The mining plant launches the redress procedure in response to a written application of the owner of the relevant property (or a person authorized thereby) or a person holding another title to the property, submitted to LW Bogdanka S.A. in person or by mail.
Reports should be made on the forms available for download below:
- application for redress of damage to buildings [DOWNLOAD]
- application for redress of damage to land and crops [DOWNLOAD]
- application for refund of lost EU payments [DOWNLOAD]
The application for redress of damage to cultivated or sown crops should be made in the crops vegetation period, no later than 4 weeks prior to the planned harvesting date.
Every application for refund of lost EU payments should be accompanied by the ARiMR certificate that the injured party has not received the relevant payments in the given year and that no relevant payments have been made in the year for the land plots referred to in the application.
Visual inspection of the damage
If a cause and effect relationship is established between the damage and the operation of the mine, a visual inspection of the damages is held. The date of the inspection is to be proposed by the economic operator, i.e. LW Bogdanka S.A.
Visual inspections of damages to cultivated and sown crops should be conducted in the vegetation period, before the crop is harvested.
The inspection is performed on behalf of the economic operator (and in the presence of the applicant or a person authorized thereby) by a person holding the required qualifications. A report of visual inspection is drawn up upon its completion, detailing all the damages established. In case the applicant refuses to sign the visual inspection report, this fact is noted in the report, including reasons for the refusal. The applicant is entitled to receive a copy of the report they have signed.
Basis of redress
The redress of damages caused by the operation of the mine is based on a settlement concluded between the injured party and the economic operator. The settlement comes into force on the date it has been signed by both parties. Redress of damages can also ensue from a final court ruling.
Redress of the damage
Redress of the damages in the form of reinstatement may be performed by the economic operator or the injured party. In performance of this obligation, the economic operator contracts the repair works to an entity chosen in a bidding procedure in force at LW Bogdanka S.A. The damages can also be repaired by the injured party, upon consent and at the expense of the economic operator, on the terms specified in the settlement.
Refund of the costs of damage-proofing safeguards in a newly-constructed building
At the request of the investor, the economic operator may refund reasonable costs incurred to damage-proof the investment against negative impact of mining operations. The basis of the refund is a settlement concluded between the investor and the economic operator, provided that the performed construction works are documented as required. It is required that prior to the commencement of the construction works, the investor notifies the economic operator about this fact and allows the operator to conduct a visual inspection of the so-called covered works constituting the damage-proofing of the investment against the impact of mining operations. This procedure is designed to reduce the scope of any potential future disputes between the parties as regards the verification of the damage-proofing costs.
Application should be made on the form available for download below:
Application for refund of the costs of mining damage-proofing safeguards in a newly-constructed building [DOWNLOAD]