Act No. 176 / 1949 Coll.
Law on the examination of certain energy equipment
Valid
Effective from 09.07.1949
176.
Law
of 15 June 1949
on the examination of certain energy equipment.
The National Assembly of the Czechoslovak Republic decided on the following Act:
This law shall apply to energy installations which are owned by enterprises of national, nationalised, communal or community of profitable and economic (cooperative) enterprises, provided that such installations serve the production, procurement, distribution or supply of energy of all kinds, which can be distributed to a wider range of consumers, in particular electricity, gas and steam, provided that they have been put into operation before 1 January 1948 and that they are not shown that, for their establishment and operation, approval or authorisation has been granted under the regulations on trade, water, construction or specific regulations on energy works and management (hereinafter referred to as "energy facilities').
(1) The Regional National Committee in whose circumference there is an energy plant (§ 1) shall, at the request of the undertaking concerned, examine them in duplicate no later than 31 December 1949; The request shall be made three times:
(a) a brief sketch of the equipment according to the actual state in which the relevant buildings and water works are drawn, in the case of energy management, their situation plan;
(b) a brief technical description of the energy equipment, in accordance with the actual state, in which, in particular, machinery, dimensions of buildings and, for water works, the method and extent of water use are indicated;
(c) a confirmation by the relevant district national committee that the establishment was put into operation no later than 31 December 1947.
If the energy equipment is either wholly or partly on the land serving the operation of the railways or in the prohibited or fire zone of the runway, it shall be clearly indicated in both the diagram [(a)] and the technical description [(b)].
(2) A single application may propose the examination of several energy installations which are in the circumference of the same regional national committee. In such a case, it shall be attached for each other participating district national committee, one copy of the application and all its annexes.
The Regional National Committee shall determine the time at which the request will be subject to a local inquiry and shall declare the content of the application and the period of the local inquiry at the premises of all participating regional national committees and in all participating municipalities, so that the decree is published at least 8 days before the date of the local inquiry. For the local investigation, it shall invite all authorities and authorities called upon to defend the interests referred to in Section 5.
(1) Rights exercised by energy installations which could be exercised in proceedings approving or authorising the establishment or operation of energy installations may be exercised by objections raised at the latest in the local investigation.
(2) If the objections referred to in paragraph 1 could not be settled by conciliation, the Regional National Committee shall, without prejudice to the measures provided for in Article 5 (2), point out a dispute concerning them with a specific view to further proceedings, depending on the nature of the case, on the law or on administrative proceedings.
(3) Only claims which are not prejudicial to the uninterrupted operation of an energy installation may be applied in the local investigation or in any other procedure.
(1) The local investigation shall examine whether the energy equipment complies with public safety, public interests, in particular those protected by water law, building and regulatory rules, and with the protection of the life and health of workers; In doing so, account shall be taken of the technical possibilities of applicants and of the requirements of uninterrupted operation.
(2) The examination referred to in paragraph 1 shall be carried out by the Regional National Committee by means of a certificate replacing the approval or authorisation under the relevant trade, water, construction or specific energy and management regulations, with effect from the date on which the installation was set up or activated. As regards the use of water and water works, the Regional National Committee shall, in its certificate, determine the text of the provisional entry in the Water Book.
(3) If it replaces a water permit, the certificate shall cease to be valid if, within three years of its issue, it has not been applied for under the Water Act or if it has been subsequently demonstrated within the same time limit that the Water Act authorisation had already been granted before that Law was effective. In proceedings concerning this application, private rights may not be exercised against an energy operator.
(4) Where serious defects have been identified in the local inquiry referred to in paragraph 1 with certain aspects listed therein, the Regional National Committee shall notify the Ministry of Industry at the same time as the certification referred to in paragraph 2 is issued to the Ministry of Industry, following another Ministry involved. The Ministry of Industry shall, in agreement with the Ministry involved, take appropriate measures to remedy the defects on the basis of this notification, taking into account the technical possibilities of the energy operator and the need for uninterrupted operation.
The documents and official acts required to implement the provisions of Sections 2 and 5 (1) shall be exempt from fees and charges.
This Act shall take effect on the day of its publication; It shall be implemented by the Minister of Industry in agreement with the participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Kliment v. r.
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Regulation Information
| Citation | Act No. 176 / 1949 Coll., on the examination of certain energy equipment |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.07.1949 |
|---|---|
| Effective from | 09.07.1949 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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