Act No. 168 / 1993 Coll.
Act amending and supplementing Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Mining Act), as amended by Act No. 541 / 1991 Coll. and Act No. 10 / 1993 Coll.
Valid
Effective from 22.06.1993
168
THE LAW
of 18 May 1993
amending and supplementing Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Mining Act), as amended by Act No. 541 / 1991 Coll. and Act No. 10 / 1993 Coll.
Parliament has decided on this law of the Czech Republic:
Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Upper Law), as amended by Act No. 541 / 1991 Coll. and Act No. 10 / 1993 Coll., is amended as follows:
1. In the first sentence of Paragraph 31 (5), the words "which also contains reclamations under special laws, 14a) 'shall be inserted after the word" remediation'.
Note 14a:
"14a) Act No. 334 / 1992 Coll., on the Protection of the Agricultural Soil Fund. Act No. 61 / 1977 Coll., on Forests. '
2. In Paragraph 31 (6), the following sentence is added at the end: "These reserves are the costs of achieving, securing and maintaining revenue. 14b) '.
Note 14b:
"14b) § 24 paragraph 2 (i) of the ČNR Act No. 586 / 1992 Coll., on Income Taxes. '.
3. In Article 32 (2), the following sentence is added at the end: "The opening, preparation and extraction plans shall include quantification of the expected costs of the mining damage incurred in connection with the planned activity and the remediation and reclamation of the land concerned, including the proposal for the amount and method of establishing the necessary financial reserve (Sections 31 (6) and 37a). '
4. the following Section 32b is inserted after Section 32a, including the title:
Emergency reserve
(1) In order to deal with emergencies and situations in the field of mining and social affairs, organisations that have surface mining of exclusive coal deposits are obliged to create financial emergency reserves.
(2) The organisations referred to in paragraph 1 shall be obliged to pay, on behalf of the competent district mining office, a monthly payment for the creation of an emergency reserve (hereinafter referred to as "payment ') of 3,5% of the market price of the minerals obtained in the previous month (§ 32a (2)). This payment shall be part of the costs of the organisation and shall be due by the 25th day of each month. In cases where the organisation did not show a balance sheet profit in the previous year, the Ministry of Finance of the Czech Republic may, after consulting the Ministry of Industry and Trade of the Czech Republic, the Czech Mining Office and the central government concerned, reduce the amount of the payment or, if necessary, forgive.
(3) The revenue from the payment referred to in paragraph 3 shall be transferred by the District Mining Office to the State Budget in the month following that in which the payment was made. The emergency reserve created shall be used for the purpose referred to in paragraph 1.
(4) In the cases referred to in paragraph 1, organisations may ask the Ministry of Finance of the Czech Republic to agree to draw funds from the emergency reserve. The consent will be issued by the Ministry of Finance of the Czech Republic after consultation with the Ministry of Industry and Trade of the Czech Republic, the Czech Mining Office and the central authorities concerned while determining the amount of funds provided. "
5. After Paragraph 37, the following Section 37a is inserted:
Creating financial reserves
(1) In order to ensure the settlement of mining damage, the organisation is required to create a reserve of funds. The amount of the reserve created to cover the costs must correspond to the needs for the settlement of mining damage in the course of time according to their origin, or in advance of their occurrence (Section 37 (4)). This reserve is the cost of achieving, securing and maintaining revenue. 14b)
(2) The creation of reserves under paragraph 1 and under Paragraph 31 (6) shall be subject to the approval of the competent district mining office, which also authorises drawing from these reserves in agreement with the Ministry of the Environment of the Czech Republic. The District Mining Office shall request the observations of the municipality concerned before taking a decision on drawing from these reserves. In the case of organisations with state ownership, the District Mining Office decides in agreement with the Ministry of Industry and Trade of the Czech Republic.
(3) The organisation's application for drawing from the reserve referred to in paragraph 1 shall be accompanied by an estimate of the mining damage, an estimate of the costs of its disposal and a time course of the recovery of the mining damage. The costs of the necessary expert assessments shall be borne by the organisation. ';
6. The title "Ministry of Economic Policy and Development of the Czech Republic 'is replaced by" Ministry of Economy of the Czech Republic'.
1. For mines and quarries that are in operation at the time of the entry into force of this Act, the organisation must set up a full-volume reserve to ensure the activities referred to in Article 31 (6) at the latest by the end of the lifetime of the mine, quarry or part thereof. This provision shall not apply to organisations with a declared or approved attenuation programme.
2. Organisations already authorised for the mining activity in 1993 shall submit to the competent district mining authority an addendum to the application for authorisation of the mining activity, with an indication of the costs of mining and land remediation within three months of the entry into force of this Act, together with a proposal for the amount of the necessary financial provisions and the time during which they are created.
This Act shall take effect on the day of its publication; Paragraph 32b expires on 1 January 1994.
Uhde v. r.
Havel v. r.
Klaus v. r.
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Regulation Information
| Citation | Act No. 168 / 1993 Coll., amending and supplementing Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Mining Act), as amended by Act No. 541 / 1991 Coll. and Act No. 10 / 1993 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.06.1993 |
|---|---|
| Effective from | 22.06.1993 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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