What is Act No. 313 / 2006 Coll.?

Act No. 313 / 2006 Coll., amending Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Property (Mining Act), as amended, and Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended — Act amending Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Mining Act), as amended, and Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended.

When it became Act No. 313 / 2006 Coll. effectiveness?

Act No. 313 / 2006 Coll. became effective 22.06.2006.

Is Act No. 313 / 2006 Coll. still valid?

Yes, Act No. 313 / 2006 Coll. is still valid and effective.

How many times was it Act No. 313 / 2006 Coll. amended?

Act No. 313 / 2006 Coll. has 2 time versions of the text.

Act No. 313 / 2006 Coll.

Act amending Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Mining Act), as amended, and Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended

Valid Law Effective from 22.06.2006

Text versions: 22.06.2006

ČÁST PRVNÍ Čl. I ČÁST DRUHÁ Čl. II ČÁST TŘETÍ Čl. III

313

THE LAW

of 23 May 2006

amending Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Upper Law), as amended, and Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the Mining Act

Čl. I

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., Act No. 150 / 2003 Coll., Act No. 3 / 2005 Coll., Act No. 386 / 2005 Coll. and Act No. 186 / 2006 Coll., is amended as follows:

1. In Paragraph 37a (2), the following sentence is inserted after the first sentence: "These funds shall be deposited in a special tied account in the bance20a) and shall not be the subject of liability or bankruptcy on the debtor's property or, where appropriate, the compensation provided for by special legislature20b), nor may they be subject to regulation and enforcement. '

footnotes 20a and 20b read:

"20a) Act No. 593 / 1992 Coll., on provisions for determining the income tax base, as amended.

20b) Act No. 328 / 1991 Coll., on bankruptcy and settlement, as amended. '

2. In Paragraph 37a, paragraphs 4 to 6 are added:

"(4) The organisation shall deposit funds equal to the amount of the reserve created in the special account tied for the financial year concerned no later than 30 June of the calendar year following the end of the relevant accounting year. If the organisation does not do so even within a reasonable time-limit set by the Circular Mining Authority, the Circular Mining Authority may decide to suspend the authorisation for conquest.

(5) The funds of the reserves deposited in a special bank account may be:

(a) temporarily placed in other assets, while respecting the rules laid down in the implementing legislation issued by the Czech Mining Office with the agreement of the Ministry of Industry and Trade and after consulting the Ministry of Finance; or

(b) transferred under a contract between the State on whose behalf the Ministry of Finance is acting and the person liable to constitute these financial provisions into the reserve management account administered by the Ministry of Finance, following the agreement of the relevant Regional Mining Office. The contract shall include a guaranteed rate of appreciation of the funds deposited in the reserve management account and time limits for the transfer from the reserve management account to the special tied account held with the organisation.

(6) Cash or other assets placed at the expense of a special tied account as referred to in paragraph 5 shall not be subject to collateral, may not be included in the bankruptcy nature and shall not be subject to enforcement or execution. ';

3. In Paragraph 43a, paragraphs 7 and 8 are added:

"(7) In the case of mines and quarries whose sole owner is the State and have been incorporated by the Government in the context of the restructuring of the coal, uranium and ore industries into the concept of coal, uranium and ore mining downturn and, therefore, it has not been possible in these cases to create a reserve for remediation and reclamation and a reserve for the destruction of mining damage, or it has not been possible to create those reserves at a sufficient level, the State pays the necessary costs through the budget chapter of its respective organisational component.

(8) The removal of damage to the landscape by a complex treatment of mining activities of damaged territory and territorial structures shall be regarded as remediation. ';

ČÁST DRUHÁ

Amendment of the Mining Act, Explosives and State Mining Administration

Čl. II

In Article 17 (2) of Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended by Act No. 386 / 2005 Coll., the second sentence is deleted.

ČÁST TŘETÍ

EFFECTIVE

Čl. III

This Act shall take effect on the day of its publication.

Zaoralek v. r.

Klaus v. r.

Paroubek v. r.

ČÁST PRVNÍ Čl. I ČÁST DRUHÁ Čl. II ČÁST TŘETÍ Čl. III

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Regulation Information

Citation	Act No. 313 / 2006 Coll., amending Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Property (Mining Act), as amended, and Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	22.06.2006
Effective from	22.06.2006
Effective until	-
Status	Valid

Legal Areas: Mining Economic (State) Administrative law

The regulation text is for informational purposes only.