Act No. 157 / 2009 Coll.
Act on the management of extractive waste and on the amendment of certain laws
Valid
Law
Effective from 01.08.2009
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157
THE LAW
of 7 May 2009
on the management of extractive waste and amending certain laws
Parliament has decided on this law of the Czech Republic:
DISCLOSURE
Subject matter
(1) This law implements the relevant provisions of the European Community1) and provides for
(a) rules on the management of extractive waste;
(b) rules on the prevention of adverse effects on the environment caused by the management of extractive waste and the resulting risks to life and human health;
(c) rules on the limitation of effects on water, air, soil, plants, animals and landscape caused by the management of extractive waste;
(d) the competence of public authorities in the field of the management of extractive waste.
(2) This law does not apply to:
(a) extractive waste arising from offshore exploration, extraction and treatment of minerals;
(b) the extraction of water containing substances arising from activities associated with the exploration and extraction of petroleum substances or with the extraction of minerals or peat, the extraction of water for technical purposes into rock structures from which oil or other substances have been extracted or into rock structures which are permanently unsuitable for other purposes, taking into account natural circumstances, as well as the return of groundwater drawn from mines and quarrying or drawn in connection with the construction or maintenance of construction works;
(c) waste resulting from the exploration, extraction, treatment or storage of minerals or from the extraction, treatment or storage of peat, but not directly resulting from such activities;
(d) materials obtained from the extraction and treatment of minerals under a special law, in the search for or storage of minerals or in the extraction, treatment or storage of peat, which, according to the plan of opening, preparing and quarrying or the plan of use of the bearing, are intended for or are part of the remediation or reclamation work or are intended for the purpose of securing or disposing of mining works.
Definition of terms
(1) For the purposes of this Act, extractive waste shall mean any waste which the operator discards or intends or has an obligation to dispose of, including extractive waste arising from the extraction, treatment and processing of radioactive minerals which cannot be considered as radioactive waste (4), and which results from:
(a) in the case of mining, mining, treatment or storage of minerals and which, pursuant to the Waste Act (5), belong to the wastes from mining or treatment of minerals; or
(b) the extraction, treatment or storage of peat.
In case of doubt as to whether it is mining waste under this Act, the Czech Mining Authority will decide, after consulting the central administration concerned, on a proposal from the waste producer or on its own initiative.
(2) Furthermore, for the purposes of this Act:
(a) the operator of the legal or business natural person responsible for the management of the extractive waste, including its transport and temporary storage, for the operation of the storage site and for its status after closure; the operator is also a legal or business natural person who holds mining waste;
(b) the noise of the waste material remaining after treatment of minerals or peat;
(c) the storage site of the area reserved for the storage of extractive waste in solid or liquid state or in the form of a solution or suspension, including sealants, where the construction of the dam or other sub-structure used for holding, capturing, shackling or other supporting task for the storage site is normally included, with the exception of the excavation areas which are re-filled by extractive waste after extraction in the framework of remediation and reclamation and in the execution of construction works;
(d) an abandoned storage site where the original operator or successor in title does not exist or is unknown;
(e) the operation of the storage site of all activities in the management of extractive waste at the storage site within the scope of the approved plan referred to in Article 5.
General requirements
(1) The management of extractive waste shall not endanger the lives of persons and human health and shall not be subject to processes and methods likely to harm the environment (6), in particular as regards the quality of water, air or soil, and shall not cause noise or odour pollution beyond the scope laid down by other legislation7) or adverse effects on landscape, plants, animals or specially protected areas, conservation reserves and zones, or other protected areas or protection zones established under other legislation8).
(2) An operator shall take measures to prevent adverse effects on human health and the environment caused by the management of extractive waste or to limit the maximum possible effects of such effects during and after storage operation, including the prevention of serious accidents caused by the operation of that site and the reduction of the negative consequences of any serious accident on human health and the environment.
(3) The economically feasible measures referred to in paragraph 2 are based, inter alia, on the best available techniques (9), without determining which technique or technology, taking into account the technical characteristics of the storage site, its geographical location and local environmental conditions, must be used.
(4) It shall be prohibited to store extractive waste in a place other than that specified in the plan for the management of extractive waste (hereinafter referred to as the plan).
(5) The operator shall keep operational documentation and records of all activities related to the management of extractive waste, including records of the storage of extractive waste, in accordance with Section 6 (2).
(6) The storage space shall be fenced or otherwise secured by the operator against the entry of unauthorised persons. This obligation ends at the same time as the rehabilitation and rehabilitation work is completed.
(7) Entry into the space of enclosed or otherwise secure storage sites, damage storage facilities and store waste or objects other than those specified in the plan shall be prohibited.
Distribution and classification of storage sites
(1) Storage sites are to be classified in categories I or II in terms of possible effects on life, human health and the environment. It shall decide on the inclusion of the storage site in the category and on the modification of the category at the request of the district mining authority. The parties to the proceedings for the classification of the storage place as a category and the changes to the classification of the storage place shall be the applicant and the municipality in whose territory the storage place is to be established.
(2) A storage site shall be classified under Category I where a risk assessment has been carried out and, in the case of effluents from the opinion of the person responsible under another legislation11), it follows that a technical failure or tampering could cause a serious accident, taking into account in particular the current and future size and location of the storage site and its environmental impact. The storage site shall also be classified in Category I on the basis of an assessment of the amount of hazardous extractive waste deposited (12) or the volume of hazardous chemicals and production13) contained in the stored extractive waste with regard to the limit laid down by the implementing legislation referred to in paragraph 6.
(3) Storage sites which do not meet the conditions for classification in Category I or storage sites intended only for extractive waste resulting from the extraction, treatment and storage of peat are always classified in Category II.
(4) In the application for inclusion of a storage site in the category, the operator shall indicate:
(a) the nature and quantity of extractive waste to be stored in the storage site, to the extent necessary to assess the long-term stability of the storage site and to prevent serious accidents, which shall include a description of the expected physical and chemical characteristics of the extractive waste, taking into account its stability under different atmospheric conditions, taking into account the type of mineral being extracted and the characteristics of the hiding or noise to be transferred during the extraction;
(b) classification of extractive waste under the Waste Catalogue (12) and categories with particular regard to its hazardous properties under another legislation14);
(c) a description of the chemicals to be used in the treatment of minerals and their stability;
(d) a description of the storage method;
(e) a system for transporting extractive waste to a storage site.
(5) Where the stored extractive waste is subject to changes in its composition which may lead to a change in the storage location category, the operator shall be obliged to request the district mining authority to change the classification of the storage site.
(6) The method of assessing the expected physical and chemical properties of the extractive waste to be stored, taking into account its stability under different atmospheric conditions, the type of mineral extracted and the characteristics of the plot or noise to be moved during the extraction, the limits for the classification of storage sites into categories and the criteria for the characteristics of inert mining waste are laid down by the Czech Mining Authority in an agreement with the Ministry of the Environment.
Plan
(1) The operator shall, with a view to sustainable development, draw up a plan to minimise the generation of extractive waste, its processing, recovery and disposal and request approval of the district mining office plan, or the Ministry of Agriculture in the case of extractive waste arising from the extraction, treatment or storage of peat. The plan may be replaced by a plan under other legislation15) if it complies with the requirements of this Act.
(2) The plan must include the conditions for:
(a) preventing or restricting extractive waste, in particular by taking into account:
1. the effect of the method used for mining and treatment of minerals and peat on the production of extractive waste and the way in which mining waste is already handled during the design of mining and treatment of minerals and peat;
2. changes that may occur in extractive waste due to an increase in its active surface exposed to surface conditions;
3. the possibility of filling in the extractive waste sites after the extraction of minerals and peat, where technically and economically feasible and environmentally friendly, in accordance with the law;
4. the possibility of reintroducing the cultural layer of the soil, which is a vegetation environment, after the end of the storage site operation, or, if this is not practically possible, its new use elsewhere 16),
5. restrictions on the use of hazardous substances and preparations in the treatment of minerals and peat;
(b) ensuring the safe storage of extractive waste by already taking into account, at the design stage, the way in which such waste is handled during storage operation and ensuring a safe post-service condition, by selecting a project which:
1. impose minimum or, where possible, no requirements for the monitoring, control and control of a closed storage site;
2. prevent or minimise the adverse long-term effects on the environment of the storage site, in particular those resulting from the transmission of pollutants from the storage site by air or water; and
3. ensure long-term geological stability of the storage site;
(c) promoting the use of extractive waste, where this is environmentally sound and in accordance with this law;
(d) location of the storage site including alternative locations;
(e) the remediation and reclamation of the territory concerned by the operation of the storage site; and
(f) the imposition of extractive waste in terms of its type and characteristics.
(3) The parties to the plan approval procedure shall be the operator and the municipality in whose territory the storage site is to be established.
(4) The operator must review the plan every 5 years. Changes to the plan shall be made without undue delay whenever there are changes in the composition of the stored extractive waste that would result in a change in the classification of extractive waste or the category of storage site or such changes in the operation of the storage site which could have a significant adverse effect on human health or the environment. The operator shall inform the authority that approved the plan and the authorities that commented on the plan of changes made.
(5) The requirements of the content of the plan, the types of annexes to the application for approval of the plan and the requirements for the content of these annexes are laid down by the Czech Mining Office in an agreement with the Ministry of the Environment by decree.
Principles for establishing a storage site
(1) For the storage of extractive waste, the operator must establish a storage site, unless otherwise specified. This is without prejudice to the provisions of other legislation17). The approved plan shall be part of the application for approval of a project under the Construction Act.
(2) The construction office authorises the establishment of a storage site as well as related buildings, on the basis of the opinion of the district mining office.
(3) Storage shall not be considered as storage
(a) extractive waste classified as hazardous which has been produced unexpectedly when stored at the site for less than 6 months;
(b) extractive waste which is not classified as hazardous if it is to be stored at the site for a period of less than 12 months;
(c) unpolluted soil, extractive waste which is not classified as hazardous and which is generated by bearing surveys of minerals, wastes resulting from the extraction, treatment and storage of peat and inert mining waste, if they are to be stored at the site for a period of less than 3 years.
The period referred to in points (a) to (c) shall begin to run from the date of the first deposit of extractive waste at the site.
(4) The operator is required to:
(a) place the storage site with regard to protected areas and geological, hydrological, hydrogeological, seismic and geotechnology factors and design it in such a way that
1. satisfy all the necessary conditions for the prevention of soil, air and groundwater pollution or surface water pollution laid down by other legislation18);
2. effective collection of contaminated water and leakage is ensured, if required in the permit under Section 8; and
3. the erosion caused by wind and water is limited to the highest technically possible and economically tolerable extent;
(b) the storage site to be carried out and maintained in such a way as to ensure its geotechnology stability, to prevent soil, air and surface or groundwater pollution and to minimise damage to the landscape as far as possible;
(c) develop a procedure for regular monitoring and control of the storage site during its operation and for a specified period after its completion;
(d) in accordance with the procedure referred to in (c), to monitor and control the storage site.
(5) Where the results of the checks referred to in paragraph 4 (d) show instability in the storage site or contamination of water or soil, the operator shall take the necessary measures to remedy these deficiencies and inform the authority which authorised the operation of the storage site.
(6) The monitoring and control records referred to in paragraph 4 (d) must be kept by the operator together with supporting documents for the duration of the storage site operation and kept in accordance with Article 11 (2).
(7) The operator shall notify the competent building and district mining authority without undue delay, no later than 48 hours, of any event that could affect the stability of the storage site and of any adverse environmental effects identified during the inspection or monitoring. The operator shall, where appropriate, proceed with the emergency plan and shall notify the authorities of the occurrence of such an event without undue delay in accordance with the first sentence and the other authorities mentioned in the emergency plan.
(8) If a major accident occurs in the management of extractive waste, the operator shall also report this to the trade union, the staff council or the representatives in the field of safety and health at work. If none of the employees' representatives listed in the first sentence are present with the operator, the staff member shall be informed directly.
(1) The operator shall bear the costs of securing the measures taken or to be taken under this Act.
(2) The Circular Mining Authority may impose measures on the operator to remedy deficiencies arising from the notification of the operator or identified by its own activities.
(3) An operator shall designate a person responsible for its safe and professional management and operation from persons who meet the professional qualifications under the legislation (19).
(4) If the operator changes, the current operator shall transmit in writing the records of the storage operation to the new operator and transfer the new operator a reserve of funds. In cases where there is no new operator, the liquidator shall transmit the documentation referred to in Section 6 (5) to the Ministry of the Environment. The created reserve of funds (Section 13) will be transferred by the liquidator to the special account of the Czech Mining Office; only the activities for which the reserve of funds has been created may be covered from this account. If this reserve is insufficient, the remaining costs shall be borne by the State.
Authorisation of storage site operation
(1) Storage may only be carried out on the basis of authorisation. The operation of the storage site and its changes shall be authorised by the District Mining Office in accordance with the permit of the construction office.
(2) In addition to the general requirements of the administrative procedure for the application for authorisation to operate a storage site, the operator shall:
(a) approved plan (Section 5),
(b) a consensual statement by the building office authorising the operation of the storage site;
(c) a proposal to create a reserve of funds (Section 13);
(d) the opinion and documentation on the assessment of the effects of the implementation of the environmental project, issued under another legislation (20), if required by this regulation;
(e) the handling order (23) of the calendars, if its processing has been imposed by the water authority (24);
(f) evaluation of the possibility of leak generation, including the content of pollutants in leases and their pH, both during and after operation of the storage site, and determination of the water balance;
(g) an emergency plan identifying the measures to be taken to overcome a serious accident;
(h) in the case of Category I storage sites, supporting documents for the regional emergency plan;
(i) the consent of the Water Authority issued under another legislation25).
(3) The procedure for authorising the operation of the storage site or its modification shall be initiated on a proposal from the operator. The parties to the proceedings for the authorisation of the operation of the storage site shall be the operator, the municipality in whose territory the storage site is to be established, and persons whose rights and rights of protected interests or obligations may be affected by the authorisation.
(4) The authorisation shall specify, in addition to the information contained in the application referred to in paragraph 2 (a) and (c), the conditions for the storage of extractive waste, the way in which the reserve of funds is created, the way in which the storage site is controlled and monitored, and the arrangements for the closure of storage and for its remediation and reclamation.
(5) An operator shall apply without undue delay for a change to the authorisation issued for the operation of the storage site,
(a) where there have been changes in the composition of the extractive waste stored or the operation of the storage site which could adversely affect human health or the environment; or
(b) if, on the basis of the results of the monitoring, it has identified changes which may significantly affect the safety of storage site operations.
(6) The information contained in the authorisation referred to in paragraph 4 shall be provided by the Czech Mining Authority to the authorities of the national statistical services and to the relevant statistical authorities of the European Union where required for statistical purposes. Information relating to trade secrets, in particular that relating to trade relations, cost components and the volume of economically usable mineral reserves, shall not be published.
(1) The District Mining Authority shall initiate ex officio proceedings to amend the authorisation issued for the operation of the storage site, unless the operator has complied with one of the obligations imposed in Paragraph 8 (5).
(2) The Circular Mining Authority shall, on a proposal from the operator, initiate a procedure to change the authorisation issued for the operation of the storage site where the operator proposes the use of more efficient available techniques available for the operation of the storage site.
(3) The Circular Mining Authority shall not authorise the operation of a storage site or change thereof if the operator does not comply with the requirements laid down by law or if the management of extractive waste is contrary to the Waste Management Plan of the Land26).
(4) The procedure for authorising the operation or changing the storage site may be combined with the procedure for authorising the mining or mining activity (27).
(5) The District Mining Office shall also inform the public, through the public administration portal, already in the context of an authorisation procedure, of:
(a) an application for authorisation to operate a storage site;
(b) the supporting documents for the decision,
(c) the fact that the authorisation decision is subject to consultation between Member States;
(d) details of the authorities from which information may be obtained and from which comments or questions may be submitted and of the time limits for submitting comments and questions;
(e) data relating to the proposal to amend the authorisation for the operation of the storage site or the conditions of the authorisation;
(f) measures enabling the participation of persons pursuant to Article 8 (3);
(g) a draft decision on the authorisation of the operation of the storage site and changes in the authorisation of the operation of the storage site.
Termination of operations
(1) The operation of the storage site may be duly completed after completion of the rehabilitation and reclamation work, only on the basis of an authorisation issued by the district mining office at the request of the operator. The application shall include a report on the overall assessment of the storage site, including the way in which it is secured and the implementation of the measures to end the storage site operation and the remediation and reclamation. The application must also include the opinions of the public authorities concerned under other legislation28), if it has been issued.
(2) At the request of the operator to permit the termination of the storage site, the District Mining Authority shall carry out an on-the-spot check.
(3) The parties to the proceedings shall be the operator and the municipality in whose territorial district the storage site is located. The authorisation shall specify the conditions for the maintenance, monitoring, control and corrective measures for the period for which the storage site is to be monitored after the end of operation, taking into account the storage location category. The permit shall also specify that the operator is exempted from obligations under Paragraph 13. The issue of an end-of-operation permit shall be without prejudice to the obligations of the operator resulting from the conditions of authorisation for the operation of the storage site or other legislation.
(4) The operator shall be responsible for the maintenance, monitoring, control and implementation of corrective actions during the period after the end of the storage site operation for a period deemed necessary by the Circular Mining Authority, taking into account the nature and duration of the hazard and as provided for in the permit referred to in paragraph 3.
(5) Upon completion of storage site operation, the operator shall check its geometrical and chemical stability and minimise negative environmental effects, in particular with regard to groundwater and surface water, by ensuring that:
(a) the storage site shall be maintained and monitored by means of control and measuring instruments placed on the storage site in accordance with the closure decision and those which the operator is obliged to have ready for use;
(b) overflow channels and discharges, if they are part of the stability of the storage site, are kept clean and free.
(6) Upon completion of the storage site operation, the operator shall notify the competent authority, without undue delay, of any fact identified during the inspection or monitoring that could affect the stability of the storage site and of any significant adverse effect on the environment. If necessary, it shall proceed according to the emergency plan. The competent authority may impose corrective measures on the operator. The costs of these measures shall be borne by the operator.
(7) The provisions of paragraphs 1 to 6 shall not apply to storage sites where the storage of extractive waste has been completed and from which the stored material will be collected; a plan pursuant to Article 5 must be drawn up for these activities.
(1) The operator shall submit a written report on the results of the monitoring and operation of the storage site to the District Mining Authority at least once a year on the basis of the data collected, with the exception of storage sites for extractive waste which has not been classified as hazardous, where the District Mining Authority may specify a different reporting interval. Notwithstanding this deadline, they must also submit a report if the monitoring results indicate a significant deterioration of the parameters monitored (29).
(2) Monitoring and control records must be kept by the operator for at least 5 years, for a Category I storage site at least 10 years after the decision referred to in paragraph 3 has been taken.
(3) The district mining office shall, at the request of the operator or, where applicable, of his successor in title, provided that the conditions of the relevant legislation are fulfilled, after the expiry of the period laid down in Article 10 (4), decide that the storage place is deemed to be closed.
(4) Details of the content of the report on the overall assessment of the storage site referred to in paragraph 1 and its formalities are laid down in the Order.
Prevention of deterioration of groundwater or surface water quality, air and soil pollution
(1) The operator shall:
(a) prevent the creation of leaks and contamination of surface, groundwater and soil by extractive waste, and, where appropriate, minimise the generation of leaks and water pollution;
(b) discharge in the quality required 30) collected and treated contaminated water or leakage, if so required by an authorisation under another legislation31),
(c) take measures to limit and prevent emissions of pollutants into the atmosphere in accordance with other legislation7).
(2) The Circular Mining Authority may decide, with the agreement of the Water Authority (25), that the operator need not collect and adjust the contaminated water and leakage referred to in paragraph 1, unless the storage site poses a potential threat to soil and the quality of groundwater or surface water can be compromised.
Provision of funds
(1) Save as otherwise provided in this Act, the operator shall be obliged to create a reserve of funds in advance for activities related to the management of extractive waste. The provisions for creating a reserve under the Mining Act apply mutatis mutandis (32). The amount of the reserve created to cover costs shall correspond to the requirements to ensure the activities referred to in the first sentence; This reserve is the cost of achieving, securing and maintaining income (33). The amount of the reserve shall be calculated on the basis of the assumption that the necessary rehabilitation work has been evaluated and carried out by an independent and competent third party.
(2) The amount of the reserve of funds shall be adjusted by the operator, with the agreement of the Circular Mining Office, once every 5 years in order to comply with the need for rehabilitation and reclamation work to be carried out in the territory affected by the operation of the storage site, as described in the plan and required in the authorisation to operate the storage site.
(3) The reserve of funds must not be used in contravention of the purpose for which it was created.
(4) The method of calculating the amount of the reserve of funds, the timing of its creation and the way in which it is drawn up shall be laid down by the Czech Mining Office by decree.
Prevention of major accidents and Category I storage plan
(1) Category I storage site operator is required to:
(a) establish a safety management system for storage sites;
(b) appoint a competent professional to manage the disposal of major accidents;
(c) identify the principles for the prevention of serious accidents in the management of extractive waste in such a way as to ensure the overall objectives and principles of the operator's activities;
(d) develop an emergency plan;
(e) provide the Regional Authority with information on the measures to be taken in the event of a serious accident outside a Category I storage site; and
(f) to provide the Regional Office with the information document referred to in paragraph 5 every 3 years, and every 3 years, to review it and, where necessary, to update the results of the review or update, to provide every 3 years to the Regional Office.
(2) The safety management system must address:
(a) the tasks and duties of staff involved in the fight against serious accidents at all stages of the procedure, including the need for training of such staff and the provision of training and involvement of staff and, where appropriate, subcontractors,
(b) the identification and assessment of hazards that could cause a serious accident, in particular the adoption and implementation of procedures for the systematic identification of serious hazards arising from normal and exceptional operations and the assessment of their likelihood and severity;
(c) operational control, in particular the adoption and implementation of procedures and instructions for safe operation, including maintenance and temporary outages;
(d) the management of changes, in particular the adoption and implementation of procedures for planning or setting up changes to new storage sites;
(e) planning for the resolution of major accidents, in particular the adoption and implementation of procedures to identify foreseeable incidents by systematic analysis and the preparation, testing and evaluation of emergency plans for serious accidents;
(f) monitoring the functionality of the safety management system, in particular the adoption and implementation of procedures for the continuous evaluation of compliance with the objectives established by the operator's serious accident prevention policy and its safety management system, and the mechanism for investigating and implementing corrective measures if they are not complied with. The procedures should include, by the operator, a system of reporting serious accidents or cases where they have almost occurred, in particular where they have failed protective measures, investigations and follow-up measures based on experience gained,
(g) the procedure for the revision and evaluation of the safety management system, in particular the adoption and implementation of procedures for the regular systematic evaluation of the policy on the prevention of major accidents and the effectiveness and suitability of the safety management system; a documented evaluation of the implementation of the security management policy and system and its updating.
(3) An operator shall, when processing an emergency plan and changing conditions, evaluate, at least once a year, the risks of major accidents and, on the basis of them, process the measures necessary to prevent such accidents, in particular the organisational structure, employee obligations, normal procedures, processes, processes and resources for the identification and implementation of the principles for the prevention of major accidents and to limit their adverse consequences for human health or the environment, including any cross-border effects to be taken during the operation, maintenance, termination of operations and after the closure of the storage site.
(4) The Regional Authority shall ensure that the public is informed, through an official record and a public administration portal, within 15 days of receipt of the submission of the preparation or review of an emergency plan for Category I storage sites, by the public being able to communicate their comments to the Regional Office within 30 days of their publication. The Regional Authority shall publish their settlement in a similar manner prior to the approval of the emergency plan. Measures to be taken outside a Category I storage site in the event of a serious accident shall be incorporated by the Regional Authority in the regional emergency plan (34).
(5) The Regional Authority shall ensure that information is made available to the public on the security measures and actions required in the event of a serious accident,
(a) the information provided for in Section 37 of the Administrative Code and the location of the storage place;
(b) designated persons providing information according to the function held;
(c) a statement that the operation of the storage site is subject to this law and to legislation issued on the basis of it and that a notification of the risk assessment has been submitted to the competent authority;
(d) a simple and clear explanation of the activity or activities carried out at the storage site;
(e) the names and classifications of the degree of hazard of substances and preparations used in storage sites (35) and waste which could lead to a serious accident;
(f) general information on the nature of the danger of a serious accident, including possible effects on the population and the environment;
(g) information on how the population will be warned and informed in the event of a serious accident;
(h) information on the measures to be taken by the population and how it should be maintained in the event of a serious accident;
(i) a communication that the operator is required to implement appropriate on-the-spot measures, in particular links with emergency services, in order to overcome and reduce serious accidents;
(j) information that, at the time of the major accident, it is necessary to follow the orders of the accident manager and the instructions or orders of the emergency services;
(k) details of the way in which the relevant information can be obtained.
(6) The emergency plan referred to in paragraph 1 may be replaced by an emergency plan under other legislation36) if it complies with the requirements of this law.
(7) The requirements and content of the emergency plan, the requirements for the competence of staff to manage the management of serious accidents and the principles for the prevention of serious accidents are laid down in the Order.
Cross-border effects
(1) In the event that the operation of a Category I storage site could have a significant adverse effect on the environment in another Member State of the European Union (hereinafter referred to as "the Member State '), or constitute a significant risk to human health, or if the Member State which could be affected so requests, the Czech Mining Authority shall forward to it information to permit the operation of the storage site which is part of the application for authorisation pursuant to Article 8 (2) at the same time as it is informed to the public pursuant to Article 9 (5). This information shall serve as a basis for consultation in the context of relations between Member States on the basis of reciprocity and equality and for making that information available to the public of a Member State, so that the public can exercise the right to make comments before a decision is taken.
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Regulation Information
| Citation | Act No. 157 / 2009 Coll., on the Management of Mining Waste and on the Amendment of Certain Laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.06.2009 |
|---|---|
| Effective from | 01.08.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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