Decree No. 172 / 1992 Coll.
Order of the Czech Mining Office on Conquering Areas
Valid
Effective from 16.04.1992
172
DECLARATION
Czech Mining Office
of 16 March 1992
on conquest areas
The Czech Mining Office provides pursuant to § 27 paragraph 9 of Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Mining Act), as amended by the Act of the Czech National Council No. 541 / 1991 Coll.:
ENVIRONMENT
Name of the conquest area
(1) The control area shall be indicated by the name of the cadastral territory in which the control area or the largest part thereof lies.
(2) Where further conquest space is established in the same cadastral territory, it shall be marked with the name referred to in paragraph 1 and a Roman figure.
Proposal for setting up a conquest area
(1) The proposal to establish a mining area is submitted by the organisation1) to the Regional Mining Authority. If the mining area interferes with the scope of several district mining offices, a proposal shall be submitted to the district mining office, within which the largest part of the mining area lies.
(2) The District Mining Authority shall notify the zoning of the procurement procedure to the territorial authority of the Ministry of the Environment.
(3) The proposal contains:
(a) the name, registered office and organisation identification number;
(b) the name of the conquest area, its surface area, the designation and coordinates of the vertices of the geometric pattern, and, where appropriate, its height limits and justification for the boundaries of the conquest area; the coordinates of the vertices shall be identified by removing them from the map or by measuring methods;
(c) the name and identification number of the cadastral territory (1a) with the name and code of the district (2) in which the conquest area lies;
d) mineral or mineral group of exclusive bearing, extent, storage, shape and power of bearing, nature of its tectonic breach and quantity of supplies, 4)
(e) the date of the anticipated start of the extraction of the exclusive bearing and the maximum amount of annual extraction considered;
(f) the method of conquest and its effect on the surface;
(g) the conclusions of the proposal for the establishment of a conquest area, (5) which concerns interests protected under specific regulations, (6) with the authorities and natural and legal persons to whom the protection of those interests is due;
(h) the name and address of the organisation which conquers the same or adjacent bearing.
(4) The proposal shall be accompanied by:
(a) copies of the surface map up to and including 1: 25 000 including the drawing of the boundaries of the conquest area and the vertices of its geometric pattern, as well as adjacent conquest areas and designated protected bearing areas, protected areas and protection zones. If the conquest space is enclosed under the surface by natural boundaries or in depth, the shape of the conquest space shall be indicated in the cuts. In the case of surface-affected conquest, the property affected by the effects of conquest shall be marked on a copy of the surface map,
(b) a list of the coordinates of the vertices with the values given to the nearest metre, a calculation of the surface area of the contiguous area with an accuracy of m2 and a list of the cadastral territories or parts thereof on which the contiguous area is situated, indicating their proportional representation in the contiguous area. The areas of the cadastral territories shall be determined planimetrically, with an arithmetic average calculated from three measurements, to an accuracy of two decimal places with a equalisation to the area of the contiguous area in km2 or other methods achieving at least the same accuracy;
(c) the stock calculation assessed; (8) a geological map of the bearing, a stock map or a structural map for oil and flammable natural gas deposits and, where appropriate, technically usable natural gas, as well as characteristic transverse and longitudinal sections of the bearing shall be attached to the stock calculation;
(d) an exclusive bearing certificate;
(e) a decision establishing a protected bearing area, where provided for;
(f) prior consent to submit a proposal for the establishment of a conquest area, 3)
(g) in the case of conquest with influence on the surface, a list of the parcels concerned, indicating the parcels, types of land (cultures) and legal relations according to the property register, 7)
(h) the list and addresses of the natural and legal persons party to the proceedings;
(i) the documents and documentation provided for in the implementing provisions of the Mining Act or, where appropriate, by specific legislation, 6)
(j) a copy of the relevant part of the zoning document7a) relating to the contiguous area and to a territory outside the contiguous area to be used in the mining activity, e.g. for the setting up of drains, drains or drains, provided that the zoning documentation is drawn up and approved;
(k) a proposal for a comprehensive adaptation of the territories and territorial structures concerned by the extraction; 7b) following the planned use of the land after the completion of the mining operation, this proposal defines the remediation and reclamation of all the land affected by mining in the whole of the mining area and in the territory outside the mining area to be used in mining activities (hereinafter referred to as the "comprehensive plan for remediation and reclamation '). If the duration of the mine or refraction is longer than 10 years, a summary plan for the remediation and reclamation of the mine or refraction shall be prepared for at least 10 years. The summary plan for rehabilitation and reclamation contains:
1. a proposal to carry out the extraction and justification of such a solution, which is most favourable in terms of the protection of the agricultural land fund, 7c) if the production is affected by the agricultural land, and in terms of the protection of the land intended for the performance of forest functions, 7d) if they are affected,
2. technical solution of complex layout of the territory and territorial structures (text and graphic section),
3. expected range of all rehabilitation and rehabilitation works by type of reclamation and method of execution, 7e)
4. technical, economic and other data to determine the amount of funds needed for rehabilitation and rehabilitation;
(l) proof that the organisation is entitled to carry out mining activities;
(m) an opinion on an environmental impact assessment where such an assessment is to be carried out under specific legislation7f;
(n) decisions and, where appropriate, opinions of the institutions and organisations to which the protection of the legally protected interests is due under specific legislation. 6)
(5) The map referred to in paragraph 4 (a) and the data referred to in paragraph 4 (b) shall be verified by the main mine meter. The certified map shall be presented in 9 copies. The map can be processed in digital form. 9)
(6) If the supporting documents submitted are not sufficient for a reliable assessment of the proposal, in particular from the point of view of the protection and economical use of the exclusive bearing, the consequences of its conquest or the impact on legally protected interests, the competent district mining office shall request additional supporting documents, opinions or a higher number of copies of the documents necessary for the management and decision.
Decision on the establishment of a control area
(1) The decision on the determination of the charging area shall specify:
(a) the name, registered office and identification number of the organisation which will conquer the sole bearing;
(b) the name of the conquest area, the name and identification number of the cadastral territory (1) with the name and code of the district (2) in which the conquest area is situated;
(c) the coordinates of the vertices and the area of the geometric pattern, the area of the individual cadastral territories or parts thereof on which the conquest area is situated and, where appropriate, the height marking of the conquest area;
(d) the nature of the mineral or a group of minerals of an exclusive bearing for which the extraction area is determined;
(e) restrictions or special technical conditions of conquest for the purpose of ensuring legally protected general interests in accordance with special legislation6) resulting from the results of the procedure for determining the conquest area;
(f) the date of start of the extraction of the exclusive bearing;
(g) the conditions relating to the creation of a single raw material policy of the Czech Republic. 10)
(2) The competent district mining authority shall send the decision on the establishment of the mining area to the parties. 11) The decision and the verified map of the surface situation [§ 2 (4) (a)] will send
(a) proposing organisation;
(b) the territorial authorities of the environment with which the establishment of the contiguous area has been agreed, the district mining office, the district mining office, the local planning office and the municipal authority in whose district the contiguous area lies or part thereof,
(c) the Czech Mining Office,
(d) the competent territorial authority of geodesy and cartography,
e) Ministry of the Environment and Ministry of Industry and Trade.
Change and cancellation of the conquest area
(1) The organisation shall propose:
(a) a change in the conquest area where, on the basis of the conquest or further survey, the data on the exclusive bearing which justify the change in the boundaries of the conquest area or of the specific technical conditions of conquest have changed;
(b) the abolition of the mining area, where the extraction of the exclusive bearing has been permanently stopped, stocks have been written off (12) and the main mining works and quarries have been liquidated. 13)
(2) Paragraph 2 and 3 apply mutatis mutandis to the modification and cancellation of the conquest area. When expanding the mining area, the organisation shall adjust the supporting documents referred to in Article 2 for the proposed amendment.
Registration of conquest areas
(1) The records of the mining areas and their changes are kept by the District Mining Authority.
(2) Registration shall consist of:
(a) registers;
(b) auxiliary registers;
(c) the collection of documents.
(3) The Czech Mining Authority maintains the summary register and changes thereto.
FINAL PROVISIONS
Repeal
Part of the Second Order of the Czech Mining Office No. 78 / 1988 Coll., on protected bearing areas and conquest areas is hereby repealed.
Efficacy
This decree shall take effect on the day of its publication.
Chairman:
Ing. Bartoš v. r.
1) § 5a of Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Mining Act), as amended by Act No. 541 / 1991 Coll.
1a) § 3 of Decree No. 120 / 1979 Coll., on the spatial identification of information.
2) Measure No 13 / 99 of the Czech Statistical Office of 27 April 1999 on the introduction of the classification of territorial units, published in the amount of 33 / 1999 Coll.
3) Paragraph 24 (2) of the Mining Act.
4) Article 14 of the Mining Act.
5) Paragraph 27 (5) of the Mining Act.
6) For example, Act No. 367 / 1990 Coll., on Municipality (municipal establishment), Act No. 425 / 1990 Coll., on District Offices, Regulation No. 151 / 2000 Coll., on the Protection of Nature and Landscape, Act No. 266 / 1994 Coll., on Railways, Decree No. 28 / 1967 Coll., laying down rules on the contact of railways with mining activities, Act No. 151 / 2000 Coll., on the Protection of Nature and on the Change of Other Laws, Act No. 20 / 1966 Coll., on the Care of the People's Health, Act No. 289 / 1995 Coll., Act No. 289 / 1995 Coll., on the Protection of the Agricultural Land Fund, as amended Act No. 114 / 1992 Coll.
7) Act No. 344 / 1992 Coll., on the cadastral property of the Czech Republic (cadastral law), as amended.
7a) § 8 of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended.
7b) Paragraph 31 (5) of the Mining Act.
7c) § 6 of Act No. 334 / 1992 Coll. 5 and § 8 to 11 of Decree No. 13 / 1994 Coll., which regulates certain details of the protection of the agricultural land fund.
7d) Sections 13 and 14 of Act No. 289 / 1995 Coll. Decree No. 77 / 1996 Coll., on the particulars of the application for withdrawal or restriction and details of the protection of the land intended for the performance of forest functions.
7e) Act No. 334 / 1992 Coll., as amended, and Act No. 289 / 1995 Coll., as amended.
7f) Act No. 244 / 1992 Coll., on Environmental Impact Assessment.
8) Paragraph 14 (3) of the Mining Act.
9) Paragraph 19 (4) of Decree No 435 / 1992 Coll., on the metering documentation of mining activities and certain activities carried out in a mining way, as amended by Decree No 158 / 1997 Coll.
10) Paragraph 24 (2) of the Mining Act.
11) Paragraph 28 (2) of the Mining Act.
12) Paragraph 14b (1) of the Mining Act.
13) § 10 paragraphs 5 and 6 of Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended by Act No. 542 / 1991 Coll.
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Regulation Information
| Citation | Decree of the Czech Mining Office No. 172 / 1992 Coll., on Conquest Rooms |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.04.1992 |
|---|---|
| Effective from | 16.04.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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