Mining waste generated by mining mineral raw materials. Utilization of mining wastes, for many organizations dealing with mining industry is very important. Reduce the negative impacts on the environment, e.g. less reshaping the landscape, take up less place for landfill. Waste recovery is economic benefit for the organization and, not least, it also directs the law. This article discusses the use of mining waste in the Czech Republic and this method is compared with the possibilities of use of extractive waste in Poland. It is concerning on mining waste from quarries. If these wastes have become secondary materials in construction, must meet the requirements of construction materials engineering. Each country has different requirements of Materials Engineering. Therefore it is necessary to deal with the legal aspects of the use of mining waste.