Act No. 206 / 2002 Coll.
Act amending Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended
Valid
Effective from 01.07.2002
206
THE LAW
of 24 April 2002
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. and Act No. 315 / 2001 Coll., is amended as follows:
1. In Article 2, at the end of point (g), the dot is replaced by a comma and the following points (h) and (i) are added:
'(h) Mining emergency services,
(i) strictly measuring activity. ';
2. § 3, including the title and footnote 2a, reads:
Mining activity
Activities carried out in a mining manner under this Act shall be understood as:
(a) mining of non-reserved mineral deposits, including treatment and processing of minerals carried out in connection with their conquest, and searching for and exploring non-reserved mineral deposits carried out for that purpose;
(b) the extraction of sands in watercourses and gravel by floating machines, including the treatment and processing of such raw materials carried out in connection with their extraction, with the exception of the removal of watercourse maintenance loads;
(c) work to ensure the stability of underground areas (underground remediation work);
(d) work on opening caves and keeping them safe;
(e) land works carried out using machinery and explosives when more than 100,000 cubic metres of rock are moved on one site, with the exception of the creation of buildings;
(f) drilling of wells over 30 m in length for purposes other than those referred to in Sections 2 and 3;
(g) the collection of natural medicinal and table mineral waters in the mine in underground;
(h) work to make old mining works available (2a) or permanently abandoned mining works and to keep them safe;
(i) underground work consisting of the digging of mining pits and wells, the stamping of stacks and tunnels, as well as the creation of underground spaces of more than 300 cubic metres of rock.
2a) § 35 (1) of Act No. 44 / 1988 Coll., as amended. '
3. in Article 5 (2), including footnotes 3c and 3d, the following shall be added:
"(2) Mining and mining activities may only be carried out by organisations authorised by the State Mining Authority for such activities. Mining and mining activities may only be carried out by an organisation on the basis of an authorisation granted under this Act, the Mining Act or under special legislation, 3c) or on the basis of a declaration, if the legislation so permits. Before issuing the mining permit referred to in Section 2 (a), the organisation shall demonstrate that the implementation of those activities will be managed and the quality of those activities is the responsibility of a person with competence under a special law. 3d) The preconditions for obtaining authorisation for mining activities and activities carried out in a mining way, as well as the design and design of objects and equipment which are part of mining activities or activities carried out in a mining way, or related work, if not regulated by a specific legislation, 3d) are laid down by the Czech Mining Office by decree.
3c) For example Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended.
3d) Act No. 62 / 1988 Coll., as amended. 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. '
4. the following Section 5a is inserted after Section 5, including footnotes 4a and 4b:
(1) Where such a law, upper law or regulations issued for their implementation (4a) lays down requirements for the qualification, competence or other requirements for the pursuit of activities under this or the upper law, those requirements shall also be deemed to be fulfilled if the natural person submits a certificate issued by the competent authority of a Member State of the European Union in accordance with the relevant Directive of the European Union. (b)
(2) The confirmation referred to in paragraph 1 for citizens of the Czech Republic or citizens of another Member State of the European Union who have performed mining or mining activities in the Czech Republic shall be issued by the Czech Mining Authority. The certificate shall be issued in the Czech language at the request of a natural person supported by data on the duration and orientation of the activity.
4a) For example, Decree No. 340 / 1992 Coll., on the requirements for qualification and competence and on the verification of professional competence of workers for mining and mining activities and amending certain regulations issued by the Czech Mining Authority to ensure safety and health at work and safety of operations in mining and mining activities, as amended.
(b) Directive No 99 / 42 / EC of the European Parliament and of the Council implementing the procedure for the recognition of training documents for professional activities, as laid down in the Directives on liberalisation and transitional measures, and supplementing the general system for the recognition of training documents. "
5. Paragraph 6 (1) reads as follows:
"(1) In its activities, the organisation shall ensure and monitor compliance with this Act, the Mining Act and the Regulations issued on the basis thereof, as well as with specific legislation governing safety and health at work, safety of operations and working conditions in mining and mining activities. The organisation shall establish from persons meeting the conditions set out in Section 5 (3) for each mine of the race mine and for each quarry of the quarry which is responsible for the safe and professional management of the mining activity or activities carried out in a mining way. The organisation shall not establish a factory mine or a factory quarry for a superior employee in matters of professional management and management of the safe conduct of mining activities. ';
6. In Article 7 (7), the second sentence is replaced by the following: "If the organisation fails to assess the amount of the contribution, the Czech Mining Authority shall determine it."
7. Paragraph 8 (3) reads as follows:
"(3) Types of selected mining machinery, equipment, apparatus and equipment must be allowed to be used by the Czech Mining Authority before first being used underground. At the same time, the Czech Mining Authority will determine which of the selected mining machinery, equipment, equipment and equipment is subject to regular testing. The Czech Mining Office shall determine the examination and presentation of the expert opinions necessary for the issue of the authorisation and ensure that the person requesting the authorisation is provided."
8. The following Section 8b is inserted after Section 8a, including footnote 6c:
Analyses of samples of mining air and other mining gases can only be carried out by authorized persons according to special legislation 6c) entrusted by the Czech Mining Authority.
6c) Act No. 86 / 2002 Coll., on Air Protection and on the amendment of certain other laws (Air Protection Act). '
9. Paragraph 10 (4) to (6) reads as follows:
"(4) When temporarily stopping operation in a mine or quarry, the organisation is required to ensure that they are secured in such a way that the extraction of the bearing can be restored. The organisation shall notify the district mining office of the cessation of operations. If the organisation of the collateral is not carried out and the safety or health of the people or other mining of the bearing is compromised, the district mining office shall order the mine or quarry security at the expense of the organisation.
(5) In the event of a permanent cessation of operations in a mine or quarry, the organisation shall carry out their disposal or submit to the District Mining Authority a project for their other use. If the organisation does not carry out the liquidation and human health is at risk, the District Mining Authority shall order the liquidation to be carried out at the expense of the organisation.
(6) The provision of mining and quarrying works and the disposal of the main mining and quarrying works is permitted by the district mining authority. The organisation shall submit a freezing or liquidation plan with the application for authorisation. The District Mining Office shall order the organisation to secure or dispose of the main mining works and quarries, if not for the cases referred to in paragraphs 4 and 5, also if the organisation does not submit an application for authorisation within 3 months of the end of the acquisition or interruption. ';
10. In Article 10, the following paragraph 7 is inserted after paragraph 6, including footnote 8b:
"(7) The District Mining Office may order the work referred to in paragraphs 4 to 6 to be carried out up to a maximum of the financial reserve (8b) established by the organisation.
8b) Paragraph 31 (6) of Act No. 44 / 1988 Coll., as amended. '
Paragraphs 7 and 8 shall be renumbered paragraphs 8 and 9.
11. in Article 10, the following paragraph 10 is added:
"(10) In the event of a change to the opening, preparation, acquisition or liquidation plan, the applicant shall only be a party to the proceedings if the rights and obligations of other persons are not compromised and the range of persons concerned or threatened by mining activities does not change. The amendment may be authorised only after consultation with the competent authorities of the State that protect interests in the territory concerned under specific legislation. '
12. In Article 14, paragraphs 3 and 4 are added:
"(3) After the completion of the operation referred to in § 2, the organisation shall, within 12 months, forward to the Circuit Mining Office two copies of the final report and the records of the main mining works and of the metering and geological documentation which may be stored permanently on the technical data carrier.
(4) After the dismantling of the mining space, the competent district mining office shall, within 2 months, forward a copy of the final report, the records of the main mining works and the measurement and geological documentation to the Czech Geological Service. "
13. in Paragraph 18 (1), the word "organisation" is replaced by the words "investor, owner of a mining work."
14. Paragraph 18 (4) is deleted.
15. Paragraph 39 (2) reads as follows:
"(2) The supervision referred to in paragraph 1 shall not apply where the activities and technical equipment referred to in paragraph 1 are subject to similar supervision by the authorities of the Ministry of Defence, the Ministry of Transport and Communications, the Ministry of Justice and the Ministry of Interior. The top supervision of the State Mining Administration is not affected by environmental control of the extraction carried out by the Ministry of the Environment. '
16. in Paragraph 40 (5) (b):
"(b) manage and coordinate the development and research of the State Mining Administration, which is financed through State resources,";
17. In Paragraph 40, at the end of paragraph 6, the dot is replaced by a comma and the following points (e) and (f) are added:
"(e) keep a record of certificates or certificates of competence issued,
f) keeps records of the penalties granted, their selection and transfers them to the Ministry of Finance of the Czech Republic. "
18. In Paragraph 41, at the end of paragraph 1, the dot is replaced by a comma and the following points (j) and (k) are added:
"(j) carry out the management of the payment of the 18d) from the mining premises and from the acquired minerals of exclusive deposits, 18e) including periodic penalty payments; in the payment and recovery procedure, according to special legislation, 18f)
(k) keep a record of the persons to whom they have issued a certificate or a certificate of professional competence under this Act and of the regulations issued under it and inform the Czech Mining Office of the issue of such documents.
18d) § 7 of Decree No. 617 / 1992 Coll., on the details of payment of payments from mining premises and obtained reserved minerals.
18e) § 32a (2) of Act No. 44 / 1988 Coll., as amended.
18f) Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees, as amended. '
19. in Paragraph 41, the following paragraph 3 is added:
"(3) When collecting and recovering claims from the State and the municipalities, the district mining authorities shall comply with a specific law. 18g) In proceedings before the courts, the district mining authorities act as the organizational component of the state 18h) separately on behalf of the Czech Republic.
18g) Paragraph 1 (4) of Act No. 337 / 1992 Coll., as amended.
18h) § 3 of Act No. 219 / 2000 Coll., on the property of the Czech Republic and its presentation in legal relations. "
1. An organisation which has been authorised under the existing legislation to operate pursuant to § 2 (a) of Act No. 61 / 1988 Coll. and does not comply with the condition laid down in § 5 (2) of Act No. 61 / 1988 Coll., as amended by that Act, shall comply with this obligation until 31 December 2003. If the organisation does not provide proof of compliance within 15 days of the deadline, the search and survey authorisation shall cease.
2. Authorisations issued for the mining activity referred to in § 3 (b) of Act No. 61 / 1988 Coll., as amended until the effective date of this Act, shall expire 6 months after the entry into force of this Act. Within that period, the organisation for geological work shall obtain a trade licence for the trade linked to a specific legislation.
3. Organisations which have been designated as a conquest area under existing legislation on land owned by the State shall have the right to conclude with them an agreement for the lease of land for the period of the intended acquisition of the land or a purchase contract for the sale of the land. The application containing the specification of the land by data from the cadastral of the property to the administration, legal entity or its organisational component which manages the land and supported by the confirmation by the Czech Mining Authority that the applicant has been provided with a mining space shall be submitted by 30 October 2003 at the latest. The Czech Mining Authority will not issue a certificate to land in mining areas where only deep mining takes place or is intended to take place if the required land cannot be threatened by mining activity or for other land in cases where mining has already been completed on the required land. In the case of sale, the land shall be transferred at a price which is normal at the place and time.
The Prime Minister is hereby authorised to declare in the Collection of Laws the full text of Act No. 61 / 1988 Coll., on Mining Activities, Explosives and on the State Mining Administration, as reflected by the laws amending it.
Efficacy
This Act shall take effect on 1 July 2002, with the exception of Article I (4), which shall take effect on the date of the entry into force of the Treaty of Accession of the Czech Republic to the European Union.
Klaus v. r.
Havel v. r.
v Rychetský v. r.
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Regulation Information
| Citation | Act No. 206 / 2002 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 | 24.05.2002 |
|---|---|
| Effective from | 01.07.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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