Act No. 3 / 2005 Coll.
Act amending Act No. 62 / 1988 Coll., on Geological Works, as amended, Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Mining Act), as amended, Act No. 61 / 1988 Coll., on Mining Activities, Explosives and on State Mining Administration, as amended, and Act No. 20 / 1987 Coll., on State Memorial Care, as amended
Valid
Effective from 06.01.2005
3
THE LAW
of 9 December 2004
amending Act No 62 / 1988 Coll., on Geological Works, as amended, Act No 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Mining Act), as amended, Act No 61 / 1988 Coll., on Mining Activities, Explosives and on State Mining Administration, as amended, and Act No 20 / 1987 Coll., on State Heritage Care, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Geological Labour Act
Act No. 62 / 1988 Coll., on Geological Works, as amended by Act No. 543 / 1991 Coll., the statutory measure of the Bureau of the Czech National Council No. 369 / 1992 Coll., Act No. 366 / 2000 Coll., Act No. 320 / 2002 Coll. and Act No. 18 / 2004 Coll., is amended as follows:
1. In Article 3, at the end of paragraph 3, the sentence "The procedure for the recognition of professional qualifications of nationals of the Member States of the European Union shall be governed by specific legislation.2c) 'is added.
Footnote 2c) reads as follows:
"(c) Act No. 18 / 2004 Coll., on the recognition of professional qualifications and other qualifications of nationals of Member States of the European Union and amending certain laws (Act on the Recognition of Professional Qualifications), as amended by Act No. 96 / 2004 Coll. '.
2. In Article 3, paragraphs 6 and 7 are added:
"(6) A certificate of competence is not required for a person established in another Member State of the European Union and intends to design, carry out and evaluate geological work on a temporary basis within the territory of the Czech Republic if he proves that:
(a) is a national of a Member State of the European Union; and
(b) be entitled to design, implement or evaluate geological work under the legislation of another Member State of the European Union.
(7) Evidence of compliance with the conditions referred to in paragraph 6 shall be submitted to the Ministry before the start of these activities. The Ministry shall take a decision on non-compliance with the requirements for the design, implementation and evaluation of geological works within 15 days of the date on which the proof of compliance referred to in paragraph 6 has been submitted. ';
3. In Paragraph 4a, the following paragraph 7 is added:
"(7) The period of validity of the decisions setting out the exploratory territory may be extended if the time limit laid down is not sufficient to put an end to the activity covered by the decision and the activity was carried out in accordance with the decision. ';
4. After § 4c, the following § 4d to 4f is inserted:
"Specific provisions for the search and exploration of oil or flammable natural gas deposits
(1) In accordance with the legislation of the European Communities (5a), the Ministry shall notify the receipt of a request for the establishment of an exploratory site for the search and exploration of oil or flammable natural gas deposits or its initiative in the Official Journal of the European Union (hereinafter the Official Journal). The notification shall specify the time limit within which a competitive application may be made. This period shall not be less than 90 days and shall begin to run on the day following the date of publication of the notice in the Official Journal. Administrative proceedings shall be opened on the day following the expiry of the period laid down in accordance with this paragraph.
(2) In the notification referred to in paragraph 1, the Ministry shall also indicate the legal act under which it will conduct the administrative procedure, the territory subject to the request and the proposed period of validity of the exploratory territory.
(3) In the case of two or more requests for the establishment of an exploratory territory, the Ministry shall, on the basis of their assessment, take into account the technical and financial capacity of the applicant, the proposed method of survey or search in the territory covered by the application and the application which ensures that more complete geological information is obtained and better protected by law.
(4) In accordance with paragraphs 1 to 3, no action shall be taken where a request for the establishment of an exploratory site for the exploration and exploration of oil or flammable natural gas deposits is made by the contracting authority where at least one of the boundaries of the proposed exploratory territory is common to the exploratory area for which a decision has already been given to establish an exploratory area for oil or flammable natural gas, either to the applicant or to another person. Where a survey area is provided for by a person other than the applicant, the Ministry shall invite the Ministry to comment on the application submitted or to submit a competing request within a reasonable time within the Ministry. Where a competing application is made, the Ministry shall decide on the establishment of an exploratory territory on the basis of an assessment which applicant is able to ensure the acquisition of the most complete geological information and the best protection of legally protected interests.
(1) The exploration and exploration area for oil or gas deposits shall be determined by the Decision for a period which is strictly necessary for the performance of geological work and for a territory which does not exceed the area justified by the most appropriate performance of geological work from a technical and economic point of view.
(2) The decision setting out the exploration area for the exploration and exploration of oil or gas deposits may lay down the conditions for:
(a) ensuring State defence;
(b) ensuring public order;
(c) protection of public health;
(d) ensuring transport safety;
(e) environmental protection, including the protection of natural resources;
(f) protection of the interests of state heritage care (5b) or protection of archaeological heritage (5c)
(g) ensuring the safety of equipment and staff;
(h) the protection and rational use of oil or flammable natural gas deposits;
(i) ensuring the revenue of public budgets linked to the establishment of the exploratory territory.
(3) If the Ministry finds that the purpose for which the exploratory territory was established has been achieved before the expiry of the relevant decision, it may shorten its period of validity in justified cases.
In accordance with the law of the European Communities (5a), the Ministry provides the competent authorities of the European Communities with information on the search and exploration of oil or flammable natural gas deposits, including information on freely accessible geographical areas for the search and exploration of oil or flammable natural gas, the authorisations granted and their holders, and on the identified and anticipated stocks of such raw materials located in the Czech Republic. The Ministry shall not disclose information which is of a commercial nature.
(5a) Directive 94 / 22 / EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the exploration, search and production of hydrocarbons.
5b) Act No. 20 / 1987 Coll., on State Heritage Care, as amended.
5c) Convention on the Protection of the Archaeological Heritage of Europe (revised), published under No 99 / 2000 Coll. s. "
Footnotes 5 (a) and 5 (b) shall be renumbered as footnotes 5 (d) and 5 (e), including the footnotes.
5. In Paragraph 20, at the end of paragraph 1, the dot is replaced by a comma and the following point (l) is added:
"(l) fails to comply with the obligation under the provisions of Paragraph 3 (7)."
Transitional provision
If the procedure for the application for the establishment of an exploratory site for the exploration and exploration of oil or flammable natural gas deposits has not been definitively completed before the date of entry into force of this Act, it shall be completed in accordance with existing legislation.
Amendment of the Mining Act
Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Mining Act), as amended by Act No. 541 / 1991 Coll., Act No. 10 / 1993 Coll., Act No. 168 / 1993 Coll., Act No. 132 / 2000 Coll., Act No. 258 / 2000 Coll., Act No. 366 / 2000 Coll., Act No. 315 / 2001 Coll., Act No. 61 / 2002 Coll., Act No. 320 / 2002 Coll. and Act No. 150 / 2003 Coll., is amended as follows:
1. In Paragraph 20, the following sentence is added at the end of paragraphs 1 and 2: "Furthermore, the application must be supported by a favourable opinion from the municipality in whose cadastral territory the land is situated. '
2. In paragraphs 2 and 3, the words "Ministry of Economy of the Czech Republic 'are replaced by the words" Ministry of Environment' and in paragraphs 2 and 4, the words "Ministry of Economy of the Czech Republic 'are replaced by the words" Ministry of Environment'.
3. In Article 24, the following paragraphs 5 to 9 are inserted after paragraph 4:
"(5) In cases not covered by paragraph 3 which relate exclusively to deposits of oil or flammable natural gas, the Ministry of the Environment shall decide on the granting of prior consent for the establishment of the mining area in accordance with paragraphs 6 to 9.
(6) The Ministry of the Environment shall notify the Ministry of the Official Journal of the European Union ("the Official Journal ') by receiving a request for prior consent to establish a mining area for the purpose of extraction of oil or flammable gas deposits. The notification shall specify the time limit within which a competitive application may be made. This period shall not be less than 90 days and shall begin to run on the day following the date of publication of the notice in the Official Journal. Administrative proceedings shall be opened on the day following the expiry of the period laid down in accordance with this paragraph.
(7) In the notification, the Ministry of the Environment shall indicate the legal act under which the administrative procedure for the granting of prior consent will lead to the establishment of a mining area, the territory which is the subject of the request for prior consent to the establishment of a mining area and the proposed period of validity of the prior consent.
(8) In the case of two or more requests for prior consent to establish a mining area for the purpose of mining oil or flammable natural gas deposits, the Ministry of the Environment shall act according to the criteria referred to in paragraph 4 and shall also take into account their technical and financial capacity.
(9) The decision to give prior consent to determine the extraction area for the purpose of the extraction of oil or flammable natural gas deposits may lay down the conditions on the grounds of:
(a) ensuring State defence;
(b) ensuring public order;
(c) protection of public health;
(d) ensuring transport safety;
(e) environmental protection, including the protection of natural resources;
(f) protection of the interests of state heritage care 12b) or protection of archaeological heritage, 12c)
(g) ensuring the safety of equipment or staff;
(h) the protection and rational use of oil or flammable natural gas deposits;
(i) ensuring the revenue of public budgets and the recovery of the funds spent on geological work borne by the State budget.
12b) Act No. 20 / 1987 Coll., on State Memorial Care, as amended.
12c) Convention on the Protection of the Archaeological Heritage of Europe (revised), published under No 99 / 2000 Coll. s. "
Paragraphs 5 and 6 shall be renumbered paragraphs 10 and 11.
4. In Article 27 (7), "§ 24 (6) 'is replaced by" § 24 (11)';
5. In Article 32a, paragraph 10 is added:
"(10) The organisation shall pay the annual oil or flammable natural gas remuneration it obtains when carrying out a bearing survey in a specified exploratory territory and shall place it on the market in the course of its business; the provisions of paragraphs 2 to 9 shall apply mutatis mutandis. ';
Transitional provision
If the procedure for the application for prior consent to determine a mining area relating to oil or flammable natural gas deposits has not been definitively completed before the date of entry into force of this Act, it shall be completed in accordance with the existing legislation.
Amendment of the Mining Act, Explosives and State Mining Administration
In Section 40 of Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended by Act No. 315 / 2001 Coll., Act No. 206 / 2002 Coll. and Act No. 226 / 2003 Coll., at the end of paragraph 6, the dot is replaced by a comma and the following point (f) is added, including footnote No. 18d:
"(f) provide the competent authorities of the European Communities with information on the extraction of oil and flammable gas deposits required by European Community legislation. 18d)
(18d) Directive 94 / 22 / EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the exploration, searching and quarrying of hydrocarbons. ';
Footnotes 18d to 18h are renumbered as footnotes 18e to 18i, including the footnotes.
Amendment to the Act on State Monument Care
Act No. 20 / 1987 Coll., on State Heritage Care, as amended by Act No. 242 / 1992 Coll., Act No. 361 / 1999 Coll., Act No. 122 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 146 / 2001 Coll., Act No. 320 / 2002 Coll., Act No. 18 / 2004 Coll. and Act No. 186 / 2004 Coll., is amended as follows:
1. In Paragraph 21, the dot is replaced by a comma at the end of paragraph 1 and the words "which also refers to the protection of the archaeological heritage 17a) in procedures under specific legislation are added. 17b) '.
footnotes 17 (a) and 17 (b) read:
"17a) Convention on the Protection of the Archaeological Heritage of Europe (revised), published under No 99 / 2000 Coll. s.
17b) For example Act No. 62 / 1988 Coll., as amended. '
2. In Article 29 (2), at the end of point (b), the words "conservation and conservation zones and, for its purpose, to deliver opinions in procedures under special legislation, 17b) 'are added.
EFFECTIVE
This Act shall take effect on the day of its publication.
Zaoralek v. r.
Klaus v. r.
v z. Jahn v. r.
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Regulation Information
| Citation | Act No. 3 / 2005 Coll., amending Act No. 62 / 1988 Coll., on Geological Works, as amended, Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Upper Law), as amended, Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended, and Act No. 20 / 1987 Coll., on State Memorial Care, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.01.2005 |
|---|---|
| Effective from | 06.01.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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