Act No. 184 / 2011 Coll.
Act amending Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended
Valid
Effective from 01.01.2012
184
THE LAW
of 9 June 2011
amending Act No. 61 / 1988 Coll., on Mining Activities, Explosives and the State Mining Administration, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended by Act No. 425 / 1990 Coll., Act No. 542 / 1991 Coll., Act No. 169 / 1993 Coll., Act No. 128 / 1999 Coll., Act No. 71 / 2000 Coll., Act No. 124 / 2000 Coll., Act No. 315 / 2001 Coll., Act No. 206 / 2002 Coll., Act No. 124 / 2008 Coll., Act No. 320 / 2002 Coll., Act No. 150 / 2003 Coll., Act No. 213 / 2003 Coll., Act No. 342 / 2006 Coll., Act No. 3 / 2005 Coll.
1. In Paragraph 1 (2), the words "the armed forces of the Czech Republic1b), the armed security corps 1c) 'are replaced by the words" the armed forces, the security corps,';
footnotes 1b and 1c are deleted.
2. in Paragraph 1 (3) (a):
"(a) explosives, explosive items and equipment which are held for their needs by the armed forces of the Czech Republic, armed security corps, intelligence services of the Czech Republic, the Directorate General of Customs, the Czech Office for Testing of Weapons and Ammunition, police schools established by the Ministry of Interior of the Czech Republic or the Fire Department of the Czech Republic for the Performance of Service (1g),"
3. The following Sections 5b and 5c are inserted after Section 5a, including the headings and footnotes No 21:
Mining designer
(1) Underground works created in the activities referred to in § 3 (c), (d), (h) or (i), mining works and mining structures under the surface (21) may only be designed by a person with a certificate of professional competence of a mining designer (hereinafter referred to as "mining designer").
(2) The mining designer shall be responsible for the accuracy, integrity and completeness of the project documentation (hereinafter referred to as "the project") and for the feasibility, technical level and safety of the works and works referred to in paragraph 1, provided that they have been carried out according to the project it has carried out. The mining designer is obliged to process the project according to the mining and geological conditions resulting from the supporting documents submitted by the contracting authority in order to enable the project to be safely implemented and used in accordance with their purpose. Static or other calculations shall be drawn up in such a way that they are controllable. If a mining designer is not able to process any part of the project himself, he shall be obliged to invite a person authorised or, where appropriate, a certificate for the relevant field or specialisation, which shall be responsible for the part of the project processed by him; This is without prejudice to the responsibility of the mining planner for the project he has processed as a whole.
Expert expert
(1) The Czech Mining Authority establishes, on a proposal or on its own initiative, expert experts for the assessment of the stability of underground buildings and other premises created by activities carried out in a mining manner pursuant to Article 3 (i) and for the preparation of expert opinions and opinions. Only a natural person who meets the requirements laid down in Paragraph 5 (3) may carry out the work of an expert to assess the stability of underground objects. The same activity may also be carried out by institutions or professional centres where their staff meet the requirements of § 5 (3) or § 5a (1).
(2) The Czech Mining Office of the expert for the assessment of the stability of underground objects, institution or professional workplace shall withdraw if it is established that there has been a serious breach of the obligations laid down when the opinions or opinions are drawn up.
21) Article 23 (3) of Act No. 44 / 1988 Coll. '.
4. In the second sentence of Article 6 (1), the words "Article 5 (3) 'are replaced by the words" the professional competence established pursuant to Article 5 (3)', the words "and for each quarry of a quarry 'are replaced by the words" for each quarry of a quarry and a racetrack for other activities referred to in § 2 and 3' and the sentence of the third is replaced by the words "the organisation may not provide for a mining mine, a racetrack or a racetrack for other activities referred to in § 2 and 3 of the senior staff concerned or give instructions to them '.
5. Paragraph 6 (5) reads as follows:
"(5) Where an organisation is obliged to provide a mining rescue service pursuant to Article 7 (4), it shall designate a worker to manage the disposal of serious accidents (accidents) and to draw up a plan for their recovery. ';
6. Paragraph 7 (4) reads as follows:
"(4) An organisation engaged in mining activities is required to provide mining rescue services if the works are stamped in the underground or if the bearing of non-exclusive mineral is taken in the underground. If, in other activities carried out in a mining way, there are exceptional conditions, in particular the risk of non-breathable air, fire or cave-in, the district mining authority may, taking into account the nature of the work, its risk and taking into account local conditions, order the organisation to provide a mining rescue service. ';
7. In Article 20, at the end of paragraph 1, the sentence "The district mining authority responsible for overseeing the mining activity referred to in Article 3 (i) shall be the authority concerned in the permit procedures for the construction of which it is part and shall issue binding opinions in such procedures."
8. in Article 21 (1) (f) and (g):
"(f) the acquisition of explosives by any acquisition or transfer between organisations in the Czech Republic;
(g) the transfer of explosives from the territory of a Member State of the European Union to the Czech Republic, ';
9. In Paragraph 22, the sentence "The reserved technical equipment and its use shall also be subject to the provisions of Paragraph 8a and the provisions issued on the basis thereof, at the end of paragraph 8. '
10. In Paragraph 25 (2), the last sentence is replaced by the sentence "The re-acquisition of explosives may be permitted at the same time only between one applicant and one supplier."
11. in § 25b (a) and (b):
"(a) the identification details of the applicant referred to in Article 25a (1) (a);
(b) the organisation's identification data referred to in Article 25a (1) (b); ';
12. § 25f, including the title reads:
Information and notification obligation
(1) An organisation which has been granted an authorisation to transfer, acquire, export, import or transit explosives and an organisation which provides for the transport of explosives not requiring an authorisation issued by a State Mining Authority shall notify the Czech Republic's Central Presidium of the transport of explosives at least 24 hours prior to the commencement of the explosives but not later than 12 hours before the last working day of the planned shipment. If the transport of explosives is to be carried out by means of a means of transport which is not equipped with the equipment referred to in paragraph 2, the organisation shall notify the transport of explosives at least 5 days in advance. The transport of explosives not consumed in the shredding works shall be notified by telephone as referred to in point (g) no later than 2 hours before its start. The notification shall be made on a form issued by the Czech Mining Office. Form
(a) the authorisation number, the date of issue and the designation of the authority of the State Mining Authority which issued the authorisation;
(b) the identification details of the organisations between which, or within which, the transfer, acquisition, export, import, transit or transport of explosives takes place;
(c) the intended route of transport and the address of the places from and to which the explosives are to be transported;
(d) the quantity and description of explosives to be carried;
(e) means of transport, means of transport, details of the carrier, connections to the service of the means of transport or to the person responsible for transporting explosives on the territory of the Czech Republic and identification of the means of transport, in particular location data and registration marks, enabling the police of the Czech Republic to monitor its actual location continuously;
(f) date, place and time of start of transport or estimated date, place and time of entry into the Czech Republic,
g) contact phone for Police Presidium of the Czech Republic.
(2) The means of transport intended for the carriage of explosives on the road shall be equipped with a device which allows continuous monitoring of its movement in the event that more than 20 kg net mass of the explosive or more than 50 pieces of detonators are carried by that means. The device shall be logged into and registered by the movement monitoring system throughout the transport operation.
(3) The Police Presidium of the Czech Republic based on the data referred to in paragraph 2 or other information found
(a) ensure that transport is monitored; Article 25h (4) applies mutatis mutandis to all modes of transport,
(b) provide up-to-date information on emergency situations of use of the means of transport or the person responsible for transporting explosives to the Czech Republic.
(4) The organisation operating the means of transport referred to in paragraph 2 shall notify without undue delay any emergency event to the Central Presidium of the Czech Republic, in particular an unplanned change of route, a failure of the means of transport, an accident or an obstacle on the route created during the transport of explosives.
(5) The Police Presidium of the Czech Republic informs the Czech Mining Office without undue delay of the detected breaches of the specified transport conditions.
(6) An organisation which has been authorised to acquire, transmit, import, export or transit explosives is required to notify in writing, within 15 days of the end of each calendar semester of the current year, the authority of the State Mining Administration which issued the authorisation, the quantities and types of explosives which were acquired, transferred, taken over, imported, exported or transited through the territory of the Czech Republic during the calendar half-year, including the date of carrying out the relevant activities.
(7) The Czech Mining Authority shall inform the European Commission ("the Commission") of the refusal of an application for authorisation to transfer explosives from Member States of the European Union to allow the transit of explosives from Member States of the European Union through the territory of the Czech Republic, of the suspension of an authorisation to transfer explosives already issued and of the withdrawal of the authorisation to transfer explosives. "
13. in Paragraph 25h (3):
"(3) Authorisation for the acquisition, transfer, import, export or transit of explosives shall be sent by the Czech Mining Authority to the Directorate-General of Customs without undue delay, and, in the case of export authorisation, to the Ministry of Foreign Affairs. Similarly, the Czech Mining Authority shall proceed with the suspension of the authorisation and the withdrawal of the authorisation. '
14. in Article 36b (1), the first sentence is replaced by the following: "The district mining authorities shall keep records of the authorisations issued for the acquisition of explosives, the records of the authorisations withdrawn, the registration of authorisations with suspended validity and the registration of organisations handling explosives in the Czech Republic."
15. The following Section 36d is inserted after § 36c, which includes the title:
Treatment of pyrotechnic articles
(1) The organisation shall comply with the safety and technical requirements for the storage, sale and use of pyrotechnic articles. The production of pyrotechnic articles shall also be subject to the legislation governing explosives.
(2) The implementation of the fireworks shall be subject to notification to the local competent municipal authority and to the fire brigade of the county, no later than the penultimate working day before its implementation.
(3) The Ministry of Industry and Trade, in agreement with the Czech Mining Authority, provides for the safety and technical requirements for the handling of pyrotechnic articles as regards their safe storage, sale and use, in relation to their division into classes and categories, as well as the definition of fireworks, as well as the information to be provided in the declaration on the implementation of fireworks. "
16. Paragraph 37, including the title and footnote 22, reads as follows:
Underground objects
(1) For the purposes of this Act, underground premises created by stamping, including their access parts, shall be considered as underground objects when:
(a) underground tunnels and stalls;
(b) other tunnels and stalls, if their length exceeds 50 m;
(c) collectors, including their depth components and coupling shafts;
(d) other premises with a capacity exceeding 1000 m3 made available to the public or used for business activities;
(e) buildings for the purpose of protecting the population;
(f) sewers of a light cross-section exceeding 2 m2, if their length exceeds 50 m;
(g) draining and water-supply stalls with a light cross-section of more than 2 m2, if their length exceeds 50 m;
(h) former old or abandoned mining works subsequently made available to the public or used for business.
(2) Underground objects under this Act shall not be considered as underground objects subject to technical security supervision under special legislation22), and highway, road and railway tunnels, except tunnels and subway blocks.
(3) For the purposes of this Act, the safe condition of the underground object is a condition which does not endanger the safety of falling or pressure of rocks, or similar influences, which may disturb the static of underground spaces. If the risks listed in the previous sentence cannot be eliminated, the safety of the embossed underground space shall be ensured by means of technological elements against pressure, or, where appropriate, against the release of rock, or against similar effects which may disturb the static ground space. In order to maintain the safe condition of the underground object, the provision of the underground object is also to prevent the accumulation of explosive or otherwise dangerous or harmful substances and gases in it and to ensure the safe state of the access routes in the underground.
(4) The owner of the underground object or his authorised operator in writing shall maintain the underground objects in a safe state and carry out inspections within the specified time limits to verify the safe condition of the underground objects through an organisation which has established a mining rescue station.
(5) The district mining office may order the owner of the underground object or of the operator authorised by it in writing to provide the mining rescue service, taking into account the nature of the underground object or the local conditions, in particular where there is a risk of non-breathing air, fire or cave-in. If the owner of the underground object or the operator authorised by it in writing is obliged to provide a mining rescue service, he shall also be obliged to ensure that a plan is drawn up to combat and update serious traffic accidents (accidents).
(6) The owner of the underground object, or his authorised operator in writing, shall declare the existence, establishment, acquisition and disposal of the underground object, changes in its scope or use, identification of the underground object and changes to such data.
(7) The Czech Mining Office provides for a decree
(a) the time limits for regular inspections of underground objects and the means of verifying their safe condition;
(b) the scope of the identification data for the record keeping of underground objects;
(c) conditions to ensure the safety of the operation of underground objects, in particular from the point of view of their ventilation, including ventilation in the operation of non-accessible objects, and travel requirements for walking;
(d) the details of the plan for the fight against serious traffic accidents (accidents), in particular the emergency prevention and control requirements.
22) Act No. 254 / 2001 Coll., on waters and amending certain laws (Water Act), as amended. Decree No. 471 / 2001 Coll., on Technical Safety Surveillance of Water Parts. '
17. in Paragraph 38 (1) (b):
'(b) district mining authorities with the competence of:
1. District Mining Office for the territory of the Main City of Prague and the Region of Central Bohemia,
2. District Mining Office for the Region of Pilsen and South Bohemia,
3. District Mining Office for the Region of Karlovy Vary,
4. the District Mining Office for the Region of Ústí,
5. District Mining Office for the Regions of Králové Hradec and Pardubice,
6. Regional Mining Authority for the South Moravian and Zlín Regions,
7. District Mining Office for the Regions of Moravian-Silesian and Olomouc,
8. District Mining Office for the Region of Liberec and Vysočina. '
18. in Paragraph 38 (2):
"(2) The seat of the district mining offices is set by the Czech Mining Office by decree."
19. Paragraph 39 (4) reads as follows:
"(4) The organisation, in the case of underground buildings the owner of the underground object or the operator authorised by it in writing, is required to allow the authorities of the State Mining Administration to enter the premises, facilities and workplaces at any time, to submit the necessary materials, documentation, expertise and to provide the required information and explanations. The organisation, in the case of underground buildings, the owner of the underground object or the operator authorised by it in writing, shall also be obliged to provide the necessary synergies to the authorities of the State Mining Administration and to create conditions for them to exercise their oversight in an uninterrupted and rapid manner. ';
20. In Paragraph 40 (2), the words "and the transfer and acquisition of explosives, the export or import of explosives and the transit of explosives through the Czech Republic 'are replaced by the words" and the transfer, export, import and transit of explosives'.
21. in Paragraph 40 (5) (a):
"(a) keep a summary of the mining premises and their changes, the main mining works operated and a summary of the authorisations for mining activities or activities carried out in a mining manner (Section 5 (2)); only for the purposes of top surveillance shall keep a summary of the underground objects and their changes. The data in the records shall be kept permanently, '.
22. in Paragraph 40 (5), the dot at the end of point (g) is replaced by a comma and the following point (h) is added:
"(h) carry out the duties of the superior tax administrator under the tax rules and issue forms for the return paid under the Mining Act."
23. in Article 44 (1) (f):
"(f) infringes the requirement to ensure safety and health at work or the safety of operations in the handling of explosives laid down by an implementing act issued pursuant to Article 23 (6) or places the explosive on the market in breach of Article 24."
24. In Paragraph 44, the words "or, as a mining designer, in accordance with § 5b (2) 'shall be added at the end of the text of paragraph 2.
25. In Paragraph 44, the following paragraph 4 is added:
"(4) In block proceedings, a fine of up to CZK 3,000 may be imposed for an offence."
26. in Article 44a (1), the words "or, as a mining designer, shall be added at the end of the text of point (a), in breach of one of the obligations under Article 5b (2)."
27. in Article 44a (1) (f):
"(f) as owner or in writing authorised operator of an underground object shall not fulfil any of the obligations under Article 37 (4), (5) or (6) or under Article 39 (4)."
28. in Paragraph 44a (2) (b):
"(b) carry out a mining activity or activity carried out in a mining manner contrary to the conditions laid down in a permit issued pursuant to § 9, 10, 11, 13 or 19;"
29. in § 44a (2) (c), the words "race mine or quarry" are replaced by the words "race mine, race quarry or race quarry,"
30. in § 44a (2) (l):
"(l) fails to comply with a binding order issued by a mining inspector pursuant to § 42 (2) (b) or (c), fails to comply with the measures imposed by a decision of the Mining Authority, fails to comply with the requirements laid down in the implementing act issued pursuant to § 6 (6) or § 8a (8) or the requirements for the handling of explosives pursuant to § 22, fails to comply with the requirements for the manufacture, storage, sale or use of pyrotechnic articles or infringes any of the obligations under § 39 (4) or fails to comply with the prohibition of overtime, work at night or work of women and adolescents, or does not ensure that the working conditions comply with the requirements of safety and health at work laid down by the legislation."
31. in Paragraph 44a (3) (k):
"(k) as an organisation which has been authorised to acquire, transmit, import, export or transit explosives, does not fulfil the obligation under Article 25f (1), (2), (4) or (6),"
32. The Annex to Act No. 61 / 1988 Coll. is deleted.
Efficacy
This Law shall take effect on 1 January 2012, with the exception of Article I (12) as regards Paragraph 25f (2), which shall take effect on 1 January 2014.
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Regulation Information
| Citation | Act No. 184 / 2011 Coll., amending Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.07.2011 |
|---|---|
| Effective from | 01.01.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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