Act No. 168 / 2013 Coll.
Act amending Act No. 157 / 2009 Coll., on the Management of Mining Waste and on the Amendment of Certain Laws
Valid
Law
Effective from 21.06.2013
Text versions:
01.01.2014
21.06.2013
168
THE LAW
of 16 May 2013
amending Act No. 157 / 2009 Coll., on the Management of Mining Waste and amending certain laws
Parliament has decided on this law of the Czech Republic:
Act No. 157 / 2009 Coll., on the Management of Mining Waste and on the Amendment of Certain Laws, is amended as follows:
1. Paragraph 1 (2) reads as follows:
"(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 mining and quarrying 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, remediation or disposal of mining works. "
(2) footnotes 2 and 3 are deleted.
3. Paragraph 2 (1), including footnotes 4 and 5, reads as follows:
"(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.
4) § 2 (r) of Act No. 18 / 1997 Coll., on the Peaceful Use of Nuclear Energy and Ionizing Radiation (Atomic Act) and on the amendment and addition of certain laws, as amended.
5) Paragraph 3 (1) of Act No. 185 / 2001 Coll., on waste and amending certain laws, as amended. "
4. Paragraph 3 (4) reads as follows:
"(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. In Article 5 (1), the first sentence is replaced by the following: "The operator shall, in the light of sustainable development, draw up a plan to minimise the generation, processing, recovery and disposal of extractive waste and request the approval of the district mining office plan or the Ministry of Agriculture in the case of extractive waste resulting from the extraction, treatment or storage of peat. '
6. Paragraph 5 (4) reads as follows:
"(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 the changes made. ';
7. In Article 8, paragraph 6 is added:
"(6) The information contained in the authorisation referred to in paragraph 4 shall be provided by the Czech Mining Office to the authorities of the State Statistical Service and to the relevant statistical authorities of the European Union, where required for statistical purposes. Information relating to trade secrets, in particular information relating to trade relations, cost components and the volume of economically usable mineral reserves, shall not be published. ';
8. In Article 10, the following sentence is added at the end of paragraph 3: "In the authorisation the district mining office shall also state that the operator is exempt from the obligations under Article 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 from other legislation. ';
9. In Article 10, the following paragraph 7 is added:
"(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 must be drawn up for these activities in accordance with Section 5. ';
10. In Paragraph 11 (1), "2 years' is replaced by" 1 year '.
11. in Article 11 (3):
"(3) The District Mining Authority shall, at the request of the operator or, where applicable, his successor in title, provided that the conditions of the relevant legislation are fulfilled, after the end of the period laid down in Article 10 (4), decide that the storage place is deemed to be closed. ';
12. In Paragraph 13, the sentence "The amount of the reserve shall be calculated on the basis of the assumption that the necessary reclamation work has been evaluated and carried out by an independent and competent third party."
13. in Article 14 (1) (c):
"(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,"
14. Paragraph 14 (4), including footnote 34, reads as follows:
"(4) The Regional Authority shall ensure that the public is informed by means of an official record and a public administration portal within 15 days of receipt of a submission on the preparation or review of an emergency plan for Category I storage sites, and that the public can 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).
34) Article 10 of Act No. 239 / 2000 Coll., on an integrated rescue system and amending certain laws, as amended. '
15. in Article 15 (1), the words "information on the storage site after the opening of the procedure for the authorisation to operate it and the procedure for the emergency plan in the event of a serious accident" shall be replaced by the words "information on the storage site which is part of the application for authorisation pursuant to Article 8 (2), at the same time as the public is informed pursuant to Article 9 (5)."
16. In Article 15 (3), the words "through the official record and the public administration portal 'shall be inserted after the words" publish this information'.
17. in Article 16 (1) (b), including footnote 31,
"(b) prevention of soil and surface and groundwater pollution 31),
31) Act No. 254 / 2001 Coll., on waters and amending certain laws (Water Act), as amended. '
18. In Article 16, the following paragraph 3 is added:
"(3) When placing extractive waste in harvested areas where water may be filled after closure, the operator shall provide the competent district mining authority and the water authority with information on the measures taken as required by paragraph 1 (b). ';
19. Paragraph 18 (3) to (6) is deleted.
20. The heading above Paragraph 19 is deleted.
21.
Transfers
(1) A natural person commits an offence by violating Article 3 (7)
(a) infringes the prohibition of entry into the storage site;
(b) leaves waste or other objects in storage; or
(c) damage the storage site.
(2) A fine of up to CZK 50,000 may be imposed for the offence referred to in paragraph 1. "
22. In Article 20, the following paragraph 1 is added:
"(1) A natural person, whether legal or legal, commits an administrative offence by:
(a) in breach of Article 3 (4), deposit extractive waste in a place other than that specified in the plan for the management of extractive waste;
(b) in contravention of Article 3 (7), leaves waste or other objects in storage; or
(c) in contravention of Article 3 (7), damage the storage facility. ';
Paragraphs 1 to 3 shall be renumbered paragraphs 2 to 4.
23. in Article 20 (2), point (a) is deleted;
Points (b) to (s) shall be renumbered as points (a) to (r).
24. in § 20 (2) (r):
"(r) fails to fulfil any of the obligations for the management of extractive waste under Article 24 (1) or (2).";
25. Paragraph 20 (4) reads:
"(4) A fine shall be imposed for the administrative offence:
(a) 5 000 000 CZK if it is an administrative offence pursuant to paragraph 1 or paragraph 2 (g), (k) to (m), (o) or paragraph 3;
(b) 1 000 000 CZK if it is an administrative offence pursuant to paragraph 2 (a) to (f), (h) to (j), (n), or (p) to (r). "
Transitional provision
By 1 January 2015, storage sites for the storage of waste arising from the extraction and treatment of radioactive minerals may meet the requirements of existing legislation.
Efficacy
This law shall take effect on the day of its publication, with the exception of the provisions of Article 5 (1) (a) and (b). This Regulation shall be binding in its entirety and directly applicable in all Member States.
Germany
Zeman v. r.
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Regulation Information
| Citation | Act No. 168 / 2013 Coll., amending 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 | 21.06.2013 |
|---|---|
| Effective from | 21.06.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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