The article presents probable consequences for the protection of deposits and other mining needs, related to the entry into force of the Act of July 5, 2018 on the Facilitation of the Preparation and Implementation of Housing Investments and Accompanying Investments. This act introduces facilities for the preparation and implementation of housing as well as related projects, including the possibility of introducing investments incompatible with the existing local plans. In addition, it does so in a situation where land reserves for housing development, both in local plans and in studies of conditions and directions of spatial development, many times exceed the future needs of our country.

The article presents the fundamental changes introduced by the Act to the existing planning and spatial planning system, as well as the risks associated with the mining industry. Among the latter, the following can be mentioned: lower stability of local law regulations, the possibility of resolving changes in spatial development at a very fast pace, without providing an effective way to inform subjects that may be threatened by these changes and increase the probability of the appearance of investments in the area of mining, the neighborhood of which may lead to limit or even liquidate these installations, due to even their disadvantages to housing. Some remedies have been proposed to mitigate some of the threats in the article.

The Act in question was prepared and passed at an express pace, with a large opposition from many environments. At the same time, a number of legal solutions were applied in it, which were not applied in the Polish law. As a result, there are many doubts about the effects of its introduction.

Poland is among the top ten countries in the world in terms of lignite resources (including reserves). With respect to lignite mining, its position is even higher at sixth in the world, fourth in Europe and second in the European Union (EU). The role of lignite in the Polish energy mix is crucial because ~27% of electricity was generated in lignite-fired power plants in 2022. However, there are countries in Europe where the dependence on lignite is much greater and currently in the range of 40–96%. B oth the national and EU climate energy policy assumes the abandonment of lignite as a source of ‘dirty’ electricity within the next two decades. This ambitious goal is achievable but it may be threatened by the geopolitical situation. However, after 2040–2044, a large number of lignite deposits will remain in Poland. The deposits are well recognized and the detailed geology is well documented, with the estimated reserves intended for exploitation amounting to 5.8 Gt. These deposits, like the five which are currently mined, are stratigraphically diverse and characterized by a complex geology, representing different genetic types. In the context of a coal-free energy policy in the EU, the problem of the legal protection of lignite deposits remains. Thus, the question arises of what is next for Polish lignite deposits. They may be managed in the coming decades by using improved unconventional methods, such as in situ or ex situ gasification. Lignite deposits will constitute a strategic reserve in the event of a deep energy crisis caused by an unstable geopolitical situation. Finally, we suggest the urgent introduction of more precise legal changes that would protect at least part of the lignite resources in Poland for future generations.