The aim of this text is to outline some of the problematic areas of the existing legislation on the rehabilitation of the post-mining areas with a greater use of succession processes and the protection of newly emerging ecologically valuable ecosystems. Besides the considerable lack of clarity of the legal rules itself, the key problems include the preservation of the previous way of land use, absence of a mechanism to change or update the reclamation plan with respect to the current state and development of the territory and a generally weak position of the nature conservation authorities compared to the mining authorities, as well as the state forest and agricultural land protection authorities.