Act No 158 / 2000 Coll.
Law on the exploration, exploration and extraction of mineral resources from the seabed and on the safety of offshore oil and gas activities
Valid
Law
Effective from 06.07.2000
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158
THE LAW
of 18 May 2000
on the exploration, exploration and extraction of mineral resources from the seabed and on the safety of offshore oil and gas activities
Parliament has decided on this law of the Czech Republic:
SEARCH, SURVEILLANCE AND NERVOUS RESOURCES FROM SEA DNA AND SAFETY OF ACTIVITIES IN THE OIL AND GAS SECTOR IN THE SEA
INTRODUCTORY PROVISIONS
Subject matter and purpose of the law
(1) The Act regulates the rights and obligations of natural persons residing in the territory of the Czech Republic and of legal persons established in the territory of the Czech Republic in the search for, exploration or extraction of mineral resources from the bottom of the seas and oceans and its underground beyond the limits of State competence and the exercise of state administration related thereto.
(2) The purpose of the Act is to implement the principles and rules of international law under which the bottom, its underground and mineral resources referred to in paragraph 1 are considered to be a common heritage of mankind.
(3) This Act further incorporates the relevant European Union11) and regulates the obligations of commercial natural persons with a place of business in the Czech Republic and legal persons established in the Czech Republic as regards the security of offshore oil and gas activities, the exclusive economic zone or the continental shelf under the jurisdiction of the States (3) and the exercise of state administration.
Definition of basic terms
(1) For the purposes of this Act:
(a) the area of the bottom of the seas and oceans and its underground beyond the limits of national competence established in accordance with international law;
(b) mineral resources, all solid, liquid and gaseous mineral sources located in the Area, including polymetallic optics, polymetallic sulphides and cobalt-based crust;
(c) searching for mineral resources in the Area, including estimates of their value without rights of exploration or extraction;
(d) activities in the area of exploration or extraction of mineral resources in the area with rights to such activities, including the planning, implementation and evaluation of exploration and production activities;
(e) damage to the marine environment of pollution of the marine environment by direct or indirect introduction of such substances or human energy into the marine environment which have or may have such harmful effects as damage to living resources and marine life, threats to human health, prevention of marine activity including fishing, or other legitimate use of the sea, deterioration of the useful quality of marine water and restrictions on conditions for recreation;
(f) major accident
1. an accident involving an explosion, a fire, a loss of control over a well or a spill of oil, natural gas or a dangerous substance which has, or is very likely to, caused by loss of life or serious injury to persons;
2. an accident which results in serious damage to an installation or interconnected infrastructure in which, or very likely to have, a person's death or severe injury,
3. any other accident which results in the killing or severe injury of five or more persons on installations at sea where the source of the danger is located or involved in offshore oil or gas operations in connection with equipment or associated infrastructure; or
4. any serious environmental accident resulting from the accidents referred to in points 1 to 3, where it has occurred in connection with, or in connection with, an installation or related interconnected infrastructure used in offshore oil or gas activities, an exclusive economic zone or a continental shelf (hereinafter referred to as the "sea");
(g) activities in the oil or gas sector at sea, all activities linked to equipment or interconnected infrastructure, including design, planning, construction, operation and unbundling of equipment or interconnected infrastructure, and related to the exploration and extraction of oil or natural gas, with the exception of the transport of oil or natural gas from one shore to another;
(h) fixed, fixed or mobile equipment or a set of devices which are permanently interconnected by bridges or other structures used for or related to offshore oil or gas activities; mobile offshore drilling units are considered as installations only if they are anchored in coastal waters for drilling of drilling, extraction or other offshore oil or gas activities;
(i) linked infrastructure
1. wells and related structures, additional units and equipment associated with equipment,
2. accessories or parts on or attached to the main construction of equipment; or
3. attached tube or pipe fittings, located in a safety zone,
(j) a safety zone within 500 metres of any part of the installation.
(2) For the purposes of determining whether an accident is a major accident as referred to in paragraph 1 (f), a device which is normally unattended shall be considered to be a device operated.
CONDITIONS FOR RESEARCH AND ACTIVITIES IN THE AREA
The search and activity in the Area is authorised by a natural person residing in the Czech Republic or by a legal person established in the Czech Republic under the conditions laid down in this Act (hereinafter referred to as the "beneficiary '). The work related to the search and activity in the Area is managed and carried out by a natural person who has been given a decision on the certificate of competence by the Ministry of Industry and Trade (hereinafter" the Ministry').
Conditions for the decision on the proficiency certificate
The condition for a decision on a certificate of competence (hereinafter referred to as "certificate ') shall be:
(a) reaching the age of 21;
(b) full independence;
(c) integrity,
(d) demonstration of competence in accordance with Section 6.
integrity
(1) For the purposes of this law, those who have not been convicted shall be deemed to be righteous.
(a) for an offence committed intentionally or negligently in connection with a search or activity in the Area;
(b) for any other offence committed intentionally for an unconditional prison sentence of at least 1 year.
(2) A person who has committed and has been convicted of the offences referred to in paragraph 1 shall also be deemed to be righteous if he is viewed as not being convicted. 1)
Professional competence
(1) For the purposes of this Act, professional competence means:
(a) completed higher education in the geological or mining direction and 3 years of experience in geological exploration or quarrying;
(b) proof of knowledge of the English or French language at the level of the national basic language examination, 2)
(c) proof of knowledge of this Act, Parts I, XI, XII and XV of the United Nations Convention on the Law of the Sea (3) (hereinafter referred to as "the Convention"), Annexes III to VI to the Convention, the Agreement on the Implementation of Part XI of the United Nations Convention on the Law of the Sea (hereinafter referred to as "the Agreement") and the Annexes thereto and the binding principles, rules, regulations and procedures issued by the International Office of the Sea (hereinafter referred to as "the Office");
(d) experience in the search or activity of at least 1 year in the Area, of which at least 1 month in the course of sea work; experience at sea may be replaced by successful completion of a special course organised by the International Ocean Institute or successful completion of a training programme organised by the Office.
(2) Professional competence shall be demonstrated by a certificate issued by the Ministry on the basis of a protocol on a successfully performed test of knowledge to the extent referred to in paragraph 1 (b) and (c) before a expert examination panel appointed by the Ministry and subject to compliance with the other requirements of competence set out in paragraphs 4 to 6 and in paragraphs 7 (1) and (2) of this Law. The expert panel shall, when verifying the knowledge referred to in paragraph 1 (b) and (c), follow the rules of procedure issued by the Ministry.
Certification
(1) A natural person intending to carry out a search or activity in the Area himself or as a responsible representative of other persons (hereinafter referred to as the "responsible representative") shall submit a request for certification to the Ministry.
(2) The application for certification shall be accompanied by certified copies of the documents referred to in Article 6 (1) (a) and (d). If a natural person has stayed outside the Czech Republic for the last 5 years, he shall submit the documents referred to in the sentence of the first of the States in which he has remained continuously for more than 3 months in the last 5 years; in addition, that person is required to prove his integrity by an extract from the record of the Register of Penalties or by an equivalent document issued by the competent authority of the State or, where applicable, by the States in which he remained for that period.
(3) In order to demonstrate the integrity of the applicant, the Ministry will request, in accordance with a special legislature5) an extract from the Register of Penalties. An application for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form in a way that allows remote access.
(4) If the conditions for issuing the certificate referred to in paragraphs 4 to 6 and paragraphs 1 and 2 are fulfilled, the Ministry shall issue the certificate with effect from 7 years after the acquisition of the legal authority. If these conditions are not met, the Ministry shall reject the application for certification.
(5) The Ministry shall levy an administrative fee in accordance with specific legislation for the certificate issued. 6)
Search
(1) The authorised person shall report in writing to the Office his intention to seek. The notification shall be submitted in one of the United Nations' negotiating languages.
(2) The authorised person shall indicate in the declaration, in addition to the general procedural requirements laid down in the administrative rules:
(a) nationality if it is a natural person;
(b) the name, surname, domicile, identification number and nationality of natural persons who are members of the statutory body of a legal person, where that authority is established,
(c) telephone number and, where appropriate, fax number and e-mail address;
(d) the name, surname, residence, identification number and nationality of the natural person responsible,
(e) the type of mineral resource to be targeted;
(f) an undertaking to follow the Convention, the Agreement and the binding principles, rules, regulations and procedures issued by the Office when searching;
(g) agreement to check compliance with the undertaking referred to in point (f) by the Office;
(h) the coordinates of the territory where the search is to be carried out;
(i) a description of the works in the search;
(j) the date of the intended launch of the search;
(k) the estimated duration of the search.
(3) The declaration shall be accompanied by proof of insurance of his responsibility for the damage caused by the search.
(4) A copy of the declaration referred to in paragraph 1, certified under the special legislature7) and an official translation of the text of the declaration in the Czech language (8), shall be sent simultaneously to the Ministry for registration.
(5) The search may be initiated by the authorised person only after the submission of the registration document for registration by the Office of the Ministry.
Activity in the Area
(1) An authorised person may carry out activities in the Area only under a written contract between him and the Office and under the conditions laid down by this Law.
(2) Negotiations with the Office on Activities in the Area may be initiated only after a decision by the Ministry on prior consent to such activities (hereinafter referred to as "prior consent") has been taken.
Prior approval
(1) The authorised person shall indicate in the application for prior approval, in addition to the general procedural requirements of the Administrative Rules:
(a) nationality if it is a natural person;
(b) the name, surname, domicile, identification number and nationality of natural persons who are members of the statutory body of a legal person, where that authority is established,
(c) telephone number and, where appropriate, fax number and e-mail address;
(d) the type of mineral resource to be targeted in the Area;
(e) an undertaking to follow a written agreement with the Office, the Convention, the Agreement and binding principles, rules, regulations and procedures issued by the Office in the field;
(f) agree to check compliance with the undertaking referred to in point (e), carried out by the Office;
(g) definition of work in the field;
(h) the date of intended start-up in the Area;
(i) the estimated duration of the activity in the Area;
(j) a precise definition of the location of activity in the Area.
(2) The authorised person shall support the application:
(a) an extract from the Commercial Register if it is a person entering the Commercial Register;
(b) proof of the provision of a responsible representative, unless it itself holds a certificate;
(c) a proof of the amount of the search of at least USD 30 000 000 or the value of that amount in another currency; of which at least 10% must be spent on the determination of the position, research and assessment of that part of the bottom of the sea, ocean or subsoil to which the activity in the area referred to in paragraph 1 (g) will be covered,
(d) the draft work plan referred to in paragraph 1 (g), which is the basis for concluding the contract with the Office for their implementation;
(e) proof of ownership or rental of a research vessel or of an aggregate;
(f) proof of insurance of liability for damage caused in the field;
(g) proof of financial collateral for carrying out the work referred to in paragraph 1 (g);
(h) proof of payment of the fee for the application for prior approval.
(3) An authorised person who is a member of an international association intending to carry out an activity in the Area shall, in the application for prior consent, provide the information and document the request in accordance with paragraphs 1 and 2 mutatis mutandis.
(4) An authorised person who has entered into a contract with the Office only for the exploration of mineral resources and intends to carry out its extraction after its completion must conclude a mining contract with the Office before the start of the extraction. Before the conclusion of this contract, it is obliged to obtain a new prior consent from the Ministry on mining. The request for such prior consent shall contain the information referred to in paragraphs 1 and 2.
(5) The Ministry will decide on the issue of prior consent after consulting the Ministry of Foreign Affairs. If the conditions referred to in the preceding paragraphs are fulfilled, the Ministry shall give prior approval for a period of 15 years. This period may be extended by the Ministry for a maximum period of 5 years if the beneficiary proves that he has failed to carry out all the work in the field referred to in paragraph 1 (g). In the previous agreement, the Ministry shall provide the information referred to in paragraph 1 (a) or (d), (e), (g) and (j). If the conditions for prior consent are not fulfilled, the Ministry shall reject the request for extradition.
(6) In order to apply for prior approval, the Ministry shall levy an administrative fee under the Administrative Charges Act.
(7) The prior consent will be given by the Ministry in the Czech language while ensuring its official translation into English or French. 8)
RIGHTS AND OBLIGATIONS OF AUTHORISED PERSONS
The authorised person shall:
(a) notify the Ministry without delay of any amendments and additions to the data and documents provided for in the declaration of search or request for prior consent;
(b) negotiate with the insurer authorised under a special legislation before starting a search or activity in the area of insurance of his liability for damage caused in the area, 9)
(c) to eliminate the consequences of damage caused by searches or activities in the Area; damage in this case means loss of life, injury to health and property and damage to the marine environment in the Area.
An authorised person who has registered a search report or who has entered into a contract with the Office to carry out an activity in the Area may request the Office's consent to transfer his rights, obligations and obligations resulting from registration by the Office or from a contract concluded with the Office to another legal person or natural person only if the Ministry gives its consent to that transfer.
Dispute settlement
Disputes related to search or activity in the Area shall be dealt with in accordance with Article 186 to 190 of the Convention.
Conflict of proceedings
In the event of a parallel infringement of the binding principles, rules, regulations and procedures issued by the Office for Search or Activities in the Area and by the Ministry of Infringement, the Ministry shall suspend its proceedings until a final decision has been taken by the Office. If the Office has decided on a penalty, the Ministry of Procedure shall stop. If a penalty has not been decided by the Office, the Ministry shall continue its proceedings.
OBLIGATIONS OF LEGAL AND UNDERTAKING PHYSICAL PERSONS
Obligations of legal and business natural persons in the exercise of sea activities under the jurisdiction of a State outside the European Union
(1) At the request of the Ministry, a legal person based in the territory of the Czech Republic and an undertaking having a place of business in the territory of the Czech Republic engaged in offshore oil or gas activities within the jurisdiction of a State outside the European Union shall, without undue delay, provide the Ministry with a report on the circumstances of the major accident affecting them.
(2) The obligation laid down in paragraph 1 applies mutatis mutandis to a person controlled by a legal person established in the Czech Republic.
PERFORMANCE OF STATE MANAGEMENT
Ministry
(a) keep records of the Office's notification and registration of the Office's notification pursuant to Article 8 (4) and (5);
(b) appoint and dismiss the expert panel to verify the knowledge referred to in Article 6 (1) (b) and (c) and issue the Rules of Procedure of that panel;
(c) decide on the issue and withdrawal of certificates and keep records thereof;
(d) decide on the issue and withdrawal of prior consent pursuant to paragraphs 10 and 17 and keep records thereof; inform the Office of the revocation or termination of previous agreements, stating the reason for their revocation or termination;
(e) decide to give consent to the transfer of rights, obligations and obligations pursuant to Article 12 and keep records thereof;
(f) carry out the control activities referred to in Article 16;
(g) impose fines in accordance with Sections 18 and 18a;
h) requests a report on the circumstances of the major accident pursuant to § 14a;
(i) forward a report on the circumstances of the major accident to the European Commission.
Control activity
(1) The Ministry controls compliance with this Act. In particular, in the control activity of the persons checked,
(a) carry out an inspection of the documentation and documents relating to the search or activity in the Area;
(b) carry out inspection of the premises, facilities and workplaces used for searching or activities in the Area;
(c) require proof of compliance with the obligations laid down by this law.
(2) Unless otherwise provided for in this law, the procedure for the control activities is governed by the Control Act.
Cancellation and termination of prior consent
(1) The Ministry shall decide to revoke the prior consent given to the authorised person if that person:
(a) fails to fulfil the obligation under Article 10 (1) (e);
(b) refuse to check pursuant to Article 16; or
(c) it has damaged the marine environment, as notified to the Authority.
(2) The prior consent of the person entitled ceases to exist
(a) in the case of a natural person, by death or by declaration of death;
(b) the date of the death of the legal person;
(c) a decision to default, rejecting the insolvency application because the property of the beneficiary is not sufficient to cover the costs of the insolvency proceedings;
(d) the date of expiry of the authorisation obtained under the Convention;
(e) the expiry of the period for which it was granted,
(f) at the request of the authorised person, the date on which the application was received by the Ministry.
Transfers
(1) A natural, legal or business natural person commits an offence by:
(a) carry out a search without a certificate or a responsible representative in accordance with Article 7;
(b) carry out activities in the Area without a contract with the Office pursuant to Article 9 (1);
(c) as a beneficiary in breach of Paragraph 22 (1), does not have, in the employment relationship, a person holding a certificate under this law; or
(d) as a member of an international association conducting searches or activities in the Area within the prescribed time limit, it shall not adapt its legal circumstances to this law.
(2) A fine of up to 10 000 000 CZK may be imposed for an offence referred to in paragraph 1 (a), (c) or (d) and for an offence referred to in paragraph 1 (b).
Transfers of legal and business natural persons
(1) A natural person, legal or operating, commits an offence by failing to provide, at the request of the Ministry, a report on the circumstances of a major accident under Paragraph 14a.
(2) A fine of up to CZK 10 000 000 may be imposed for the offence referred to in paragraph 1.
(1) The limitation period is 5 years. If the limitation period has been interrupted, liability for the offence shall cease no later than 8 years after its commission.
(2) The transfers under this law are discussed by the Ministry.
(3) The imposition of administrative penalties for an offence under this law cannot be waived.
COMMON, COMPETITION AND TRANSITIONAL PROVISIONS
In the relations related to search and activity in the area not regulated by this law, the declared international agreement to which the Czech Republic is bound shall apply. Where such relations are not regulated by an international treaty, the principles and rules of general international law shall apply.
By decree, the Ministry may determine the scope and content of the report on the circumstances of a major accident in accordance with Paragraph 14a if the European Commission sets out uniform reporting forms on the circumstances of major accidents.
(1) A person who intends to be a member of an international search or activity association in the Area shall be obliged, before entering that association, to have in his employment relationship a person holding a certificate under this law, unless he himself holds that certificate.
(2) A natural or legal person who has become a member of an international association conducting a search or activity in the Area prior to the application of this Act is required to adapt its legal circumstances under this Act within 2 years of the date of its entry into force.
(3) If the Czech Republic is a member of an international association, the central administration responsible under a special law must ensure within 2 years of the entry into force of this law that the Czech Republic is represented in the international association by a person holding a certificate under this law.
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Regulation Information
| Citation | Act No 158 / 2000 Coll., on the exploration, exploration and extraction of mineral resources from the seabed and on the safety of offshore oil and gas activities |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.06.2000 |
|---|---|
| Effective from | 06.07.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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