What is Act No. 315 / 2001 Coll.?

Act No. 315 / 2001 Coll., amending Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended, and Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Property (Mining Act), as amended — Act amending Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended, and Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Mining Act), as amended.

When it became Act No. 315 / 2001 Coll. effectiveness?

Act No. 315 / 2001 Coll. became effective 01.01.2002.

Is Act No. 315 / 2001 Coll. still valid?

Yes, Act No. 315 / 2001 Coll. is still valid and effective.

How many times was it Act No. 315 / 2001 Coll. amended?

Act No. 315 / 2001 Coll. has 4 time versions of the text.

Act No. 315 / 2001 Coll. - Act amending Act No. 61 / 1988 Coll., on...

315

THE LAW

of 7 August 2001

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

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the Mining Act, Explosives and State Mining Administration

Čl. I

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. and Act No. 124 / 2000 Coll., is amended as follows:

1. Paragraph 1, including the title and footnote 1, reads:

„§ 1

Subject matter

(1) That law lays down the conditions for carrying out mining and mining activities, for the safety and health of such activities, for the safety of operations, for the protection of the working environment, for the research, production and marketing of explosives, explosive articles and aids, as well as the conditions for handling them. It also regulates the organisation and competence of the authorities of the State Mining Administration.

(2) This law does not apply to:

(a) explosives, explosive articles and equipment which they hold for their needs by the armed forces of the Czech Republic, armed security forces, armed forces of the Customs Administration or intelligence services of the Czech Republic,

(b) explosives, explosive articles and equipment which are held for their needs by the armed forces and forces of other States when they are present in the territory of the Czech Republic, when passing through the territory of the Czech Republic or when crossing over the territory of the Czech Republic, where this results from an international agreement which the Czech Republic is bound by,

(c) fire.1)

1) Act No. 288 / 1995 Coll., on firearms and ammunition (Firearms Act), as amended. Act No. 156 / 2000 Coll., on the verification of firearms, ammunition and pyrotechnic articles and amending Act No. 288 / 1995 Coll., on firearms and ammunition (Firearms Act), as amended by Act No. 13 / 1998 Coll., and Act No. 368 / 1992 Coll., on administrative fees, as amended. '

footnote (1) shall be renumbered footnote (1a), including the footnote references.

Article 2 (3a), including the title, reads:

„§ 3a

Organisation

Legal persons or natural persons authorised to do business shall be regarded as organisations under this Act if they carry out any of the activities listed in Part Two or Third of this Act. ';

3. the following Section 3b is inserted after Section 3a, including the title and footnotes No 3a) and (3b):

„§ 3b

Other rights and obligations of staff and staff representatives

(1) The staff member shall have the following additional rights and obligations: 3a)

(a) the right to withdraw from the workplace if circumstances arise which it considers pose a serious danger to its safety or health;

(b) the right to request that the organisation or district mining office carry out a review and investigation where it considers that the rules for ensuring safety and health at work and safety of operations are being infringed;

(c) an obligation to comply with the orders of persons managing the accident;

(d) the obligation to comply with the binding order of the Mining Inspector.

(2) In addition to the rights and obligations laid down by labour law, the competent trade union body or representative in the field of safety and health at work shall also have the right:

(a) participate in inspections and investigations carried out at the workplace by the employer, the State Mining Administration or any other competent authority under specific legislation, 3b)

(b) monitor and investigate matters relating to health and safety;

(c) to contact advisors and independent experts for assistance;

(d) to consult the State Mining Administration;

(e) receive reports from the employer on accidents and dangerous events.

3a) For example the Labour Code, Decree No. 22 / 1989 Coll., on safety and health at work and safety at operation in mining and mining activities in underground as amended.

3b) For example, Act No. 174 / 1968 Coll., on State Professional Safety Supervision, as amended. '

4. Paragraph 5 is deleted.

5. Paragraph 6 (3) reads as follows:

"(3) The organisation shall also:

(a) to register the names, surnames and registration numbers of persons who are, with their knowledge, underground, indicating where they are likely to be located;

(b) report without delay to the District Mining Office serious events and dangerous situations, accidents (accidents) and serious accidents at work; an operating accident (accident) means an event which has been threatened by the lives or health of persons;

(c) identify the causes of accidents and accidents at work;

(d) take urgent measures to remedy the deficiencies identified and to prevent accidents and accidents at work;

(e) submit the results of investigations into operational accidents and serious accidents at work to the district mining office, together with an indication of the measures taken to remedy the deficiencies identified;

(f) inform the District Mining Office of the application lodged by the staff member (§ 3b) of the conduct of the safety and health at work investigation and of this investigation;

g) submit the selected types of mining machinery, equipment and equipment to the Czech Mining Authority for approval (§ 8 (3)) before first use in the mine, unless the Czech Mining Authority is already approved to use them elsewhere in the Czech Republic. "

6. In Article 7 (7) and (8), the words "areas' are replaced by the words" main '.

7. The following Section 18a is inserted after Section 18:

„§ 18a

Decisions taken on the establishment of a mining area and the authorisation of mining activities shall also be binding on the parties' legal successors. '.

8. In Paragraph 19, the following sentence is added at the end of paragraph 3: "Decisions to authorise the extraction of a mineral bearing shall also be binding on the parties' legal successors. '

9. In Paragraph 20 (1), "(b) to (i) 'is replaced by" (b) to (j)';

10.Paragraph 21 (1), including footnote 13a, reads as follows:

"(1) Explosives under this Act are substances and articles which are listed in the International Convention on the Transport of Dangerous Goods, which is Binding in the Czech Republic (13a) and which are declared in the Collection of International Contracts or in the Collection of Laws, and which are included in Annex A to this Treaty in Class I of these substances, as well as substances which have the characteristics of explosives, explosives, munitions or explosive compounds, unless they are ammunition and pyrotechnic articles.

13a) European Agreement on the International Carriage of Dangerous Goods by Road - ADR (Geneva, 1957), published under No. 64 / 1987 Coll., as amended by No. 159 / 1997 Coll., No. 186 / 1998 Coll., No. 54 / 1999 Coll. and No. 93 / 2000 Coll. s.. '

11. in Paragraph 21 (2), the words "; this law shall not apply to munition.7) 'shall be replaced by the words" and explosive materials which are dangerous for transport and are not explosives referred to in paragraph 1. "

12. In Paragraph 21, the following paragraphs 3 to 5 are inserted after paragraph 2:

"(3) Works involving the use of the energy of chemical explosive transformation shall be regarded as blasting operations and shall include a set of operations, in particular the charging of explosives, the preparation and charging of igniting charges, the making of igniting nets, the detonation of charges (detonation) and the explosion of charges (blast).

(4) The manufacture and manufacture of explosives, their use, storage, transmission, transport and destruction, as well as the transfer and transport of explosives, shall be considered to be the handling of explosives. The handling of explosives shall not be considered to be research, development and testing.

(5) The transfer of the explosive shall mean any actual transfer of the explosive, except for the transfer of the explosive within one and the same municipality. ';

Paragraphs 3 to 6 shall be renumbered paragraphs 6 to 9.

13. The heading above Section 22 reads: "Explosive handling" and the heading under Section 22 reads: "General obligations in the handling of explosives."

14. in Paragraph 22 (3), the words "competent department of the National Security Corps" are replaced by the words "Regional Directorate of the Police of the Czech Republic competent according to the seat of the organisation (the" competent department of the Police of the Czech Republic ")."

15. In Paragraph 22 (4), the words "Department of National Security and outside the area of the organisation of the Department of National Security" are replaced by the words "competent department of the Police of the Czech Republic, and outside the area of the organisation of the nearest department of the Police of the Czech Republic."

16.

„§ 24

Placing on the market of explosives, explosive articles and equipment

(1) Explosives, explosive articles and equipment shall be placed on the market in accordance with a special law, 13b) unless otherwise provided for in that law.

(2) Plastic explosives must contain detection substances which allow identification and detection.

(3) Methods for verifying essential requirements for the safety of explosives, if not laid down by a harmonised Czech technical standard, 13c) are laid down by the Czech Mining Authority by decree.

(4) The Czech Mining Authority sets out by decree the types of detection substances and more detailed conditions for the placing on the market of explosives, explosive articles and aids, as well as the conditions for their checking.

13b) Act No. 22 / 1997 Coll., on technical requirements for products and amending and supplementing certain laws, as amended.

13c) § 4a (1) of Act No. 22 / 1997 Coll., as amended by Act No. 71 / 2000 Coll. '

17.

„§ 25

Transmission and reception of explosives

(1) Explosives may be transferred and taken only by authorisation from the State Mining Authority, which is responsible for authorising the blasting or fireworks to which the explosive is intended. This authorisation is not required for dust, black dust and matches, unless they are intended for shredding or fireworks.

(2) An authorisation may be granted only to an organisation which, at the same time as the application for authorisation, demonstrates that it has an authorisation to do business under this Act or under specific legislation and has a person qualified under Paragraph 36; if an explosive is to be stored by an organisation, it shall provide proof of the storage conditions. The application for authorisation shall contain:

(a) the company or name, 13d) or the name and surname, the address of the registered office, place of establishment or place of business, or the address of residence, identification number or birth number, or the date of birth, if the birth number is not assigned, relating to both the donor and the receiving organisation;

(b) the type and quantity of the explosive transmitted,

(c) a full description of the explosive and its identification method, including the identification number;

(d) details of compliance with the conditions for placing an explosive on the market if the explosive is to be placed on the market.

(3) The organisation may transfer the explosive to another organisation or to its organisational component only on the basis of the authorisation of the Circular Mining Office responsible for the destination and, in the case of transfer of the explosive to or from the abroad, only on the basis of the authorisation of the Czech Mining Office; This is without prejudice to the provisions of specific legislation. 13e) The competent authority of the mining office shall apply for the authorisation of the recipient organisation and shall have this obligation even if the explosive is transmitted between its premises, 13f) located outside the territory of the same municipality. The permit to transit explosives through the Czech Republic is issued by the Czech Mining Authority; the person to whom the shipment is to be carried out shall apply for authorisation.

(4) The competent authority of the State Mining Administration shall verify that the receiving organisation is authorised to take over the explosive before the authorisation is granted (paragraph 2). It shall issue an authorisation for the transfer of an explosive only if the conditions laid down are met; otherwise reject the application for authorisation. The permit for the transfer of the explosive shall contain the information referred to in paragraph 2. The permit for the transfer of the explosive issued by the district mining office shall be sent to the Regional Directorate of the Police of the Czech Republic responsible for the location of the district mining office which issued the permit. The permit issued by the Czech Mining Office will be sent to the Central Presidium of the Police of the Czech Republic and to the Directorate-General for Customs.

(5) The transmitting organisation and the receiving organisation shall be a party to the procedure for issuing the permit for the transfer of the explosive; Where an explosive is transferred from abroad, only the recipient organisation shall be a party to the proceedings and, if transit through the Czech Republic, only the person to carry out the transport is a party to the proceedings.

(6) Organisations are required to ensure that the permit for the transfer of the explosive is transported together with the explosive throughout the journey from the place of departure to the place of destination and submitted on request to the customs authorities, the police of the Czech Republic and the authorities of the State Mining Administration. The permit for the transfer of the explosive shall be deposited with the receiving organisation on completion of the shipment and an officially certified copy of the permit shall be deposited with the transferring organisation, in both cases for at least 5 years from the date of completion of the shipment.

(7) Where the transfer of the explosive requires compliance with specific safety requirements or special surveillance in the territory where the transport takes place, the receiving organisation, together with the application for authorisation for the transfer of the explosive, shall provide the authority of the State Mining Administration, in addition to the information referred to in paragraph 2, with details of the transport route and the mode of transmission, the estimated date of dispatch and take-over and the identification of the point of entry and exit in the territory of the Czech Republic, if the transfer takes place abroad, from abroad or transit through the territory of the Czech Republic. The State Mining Authority shall examine the conditions under which the transfer and takeover are to be carried out, in particular with regard to specific requirements. If the specific safety or surveillance requirements are met, it shall issue an authorisation for the transfer of the explosive.

(8) The District Mining Office may issue an authorisation for the re-transfer of explosives on the territory of the Czech Republic for a longer period of time, but not more than 5 years. In such a case, the receiving organisation shall notify in writing to the Central Mining Office the information on the quantity and type of explosive for each sub-shipment of the explosive before it is transmitted.

(9) If the Czech Mining Authority finds serious deficiencies in the application when examining an application for an authorisation to transfer explosives abroad, abroad or transit through the Czech Republic, it shall inform the Commission of the European Communities ("the Commission ').

(10) The organisations involved in the transfer of explosives shall, at their request, communicate to the authorities referred to in paragraph 6 all information relating to the transfer of explosives and provide them with evidence of the handling of the explosives transferred.

(11) The organisation shall not transfer an explosive unless it has been authorised by the State Mining Authority to carry out the transfer of the explosive.

(12) The State Mining Authority may decide to reject an application for an authorisation to transfer an explosive or to suspend an activity under an authorisation already issued if it finds a serious threat or disturbance of the public interest in the safety and protection of the lives and health of persons, animals or property. An organisation to which an application for authorisation to transfer an explosive has been refused may submit a new application only 30 days after the date of refusal. The operation under the permit issued for the transfer of the explosive may be suspended for a maximum period of 6 months. The competent authority of the State Mining Administration shall revoke its decision to suspend the activity as soon as the reasons for which the decision to suspend the activity has been issued have ceased; However, if, within the time limit laid down in the decision suspending an action to eliminate a serious threat or disturbance to the public interest, it shall decide to revoke the authorisation issued. In cases where the transfer of an explosive to a foreign country, from a foreign country or transit through the Czech Republic is concerned, the Czech Mining Authority shall inform the Commission of the refusal of an application to issue an authorisation to transfer an explosive to the Czech Republic or to transit it through the Czech Republic, or of the suspension of an operation under these permits already issued or the revocation of the permit issued.

(13) It is prohibited to transmit plastic explosives which do not contain detection substances (§ 24 (2)).

13d) § 8 of the Commercial Code.

13e) For example Act No. 38 / 1994 Coll., on Foreign Trade in Military Material and on the Addition of Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, and Act No. 140 / 1961 Coll., Criminal Act, as amended, Act No. 62 / 2000 Coll., on Certain Measures in the Export or Import of Products and on Licensing Proceedings and on the Amendment of Certain Acts.

13f) Article 17 (1) of Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended. '

18. In Paragraph 27 (3), the words "the competent police department 'are replaced by the words" the Regional Directorate of the Police of the Czech Republic responsible for the seat of the District Mining Office which issued the decision'.

19. After Paragraph 28, the following Section 28a is inserted:

„§ 28a

Use of explosives under risk and risk conditions

(1) By decree, the Czech Mining Authority sets out more detailed conditions and, where applicable, the characteristics of explosives that can be used in risk conditions or risk environments (for example, in fluent or coal mines, or in coal quarries, under extreme temperature conditions, in a gas or dust explosion environment) and checking the properties of such explosives.

(2) Individual types of explosives for the purposes referred to in paragraph 1 must be authorised for first use by the Czech Mining Authority. '

20. In Paragraph 29 (2), "National Security Corps" is replaced by "Police of the Czech Republic."

21. In Paragraph 29, the following sentence shall be added at the end of paragraph 3: "Explosives and explosive articles which are not intended for immediate and immediate use or with which they are not otherwise used shall be stored either in the objects referred to in paragraph 1 or in explosives storage. '

22. in Paragraph 32 (4), the words "competent department of the National Security Corps" are replaced by the words "Regional Directorate of the Police of the Czech Republic responsible according to the seat of the authority which issued the decision."

23. Paragraph 33 (1) reads as follows:

"(1) Organisations handling explosives and explosive articles or carrying out their research, development or testing shall keep records of explosives and explosive articles in such a way as to give an overview of how explosives and explosive articles have been acquired, where they are located, in what quantities and to whom they have been transmitted or handled."

24. in Paragraph 33 (3):

"(3) The organisations referred to in paragraph 1 shall keep records of explosives and explosive articles as long as the explosive or explosive object is held and shall keep it for at least 3 years after the end of the calendar year in which the explosives or explosive articles were manufactured, consumed or transmitted to another body or organisation. This obligation shall not cease or cease to exist. In the event of the disappearance of the organisation, the liquidator or liquidator shall transmit the records of explosives and explosive articles to the competent district mining office. ';

25. in Paragraph 33 (4), the words "National Security Corps" are replaced by the words "Police of the Czech Republic";

26. The following Sections 36b and 36c are inserted after Section 36a, including the title:

"Information on organisations using explosives

§ 36b

(1) The district mining authorities shall keep records of organisations using explosives containing the information referred to in Section 25 (2) (a). Such records shall be kept up to date.

(2) The organisations using explosives shall notify the Circular Mining Office of changes to the data referred to in paragraph 1 no later than 5 working days after their creation.

(3) The district mining authorities are obliged to allow access to the records kept under paragraph 1 to the authorities of the Czech Police.

§ 36c

The Ministry of Industry and Trade shall keep records of organisations which have been authorised to manufacture, process, research or develop explosives as well as of the destruction, disposal, purchase and sale of explosives. Such records shall be kept up to date. ';

Article 27 (37) shall be deleted;

28. in Article 39 (1) (a), the words "handling of explosives" shall be inserted after the words "production of explosives."

29. In the first sentence of Article 39 (4), the words' for the purpose of their supervision 'are deleted.

30. in Paragraph 39, the following paragraph 5 is added:

"(5) For the purposes of administrative procedure, the authorities of the State Mining Administration shall be entitled to obtain data from the property register free of charge, including data provided on the technical medium and via remote access via a computer network. 18a)

18a) § 22 of Act No. 344 / 1992 Coll., on the cadastral property of the Czech Republic (cadastral law), as amended. "

31. in Paragraph 40 (3) (c), the word "region" is replaced by the word "main."

32. in Paragraph 40 (5), the dot is replaced by a comma at the end of point (b) and the following points (c) to (f) are added, including footnote 18b:

"(c) fulfils, in respect of the Commission, the obligations of the Czech Republic under this Act;

(d) it shall be established by decree of the test method to verify the safety requirements of explosives;

(e) permits individual types of explosives to be used for the first time in risk conditions and risk environments (§ 28a);

(f) perform the tasks of the supervisory authority under a special law, 18b) in the case of explosives, explosive articles and equipment, and ensure that a certificate of conformity has been issued for explosives, explosive articles and aids.

18b) Sections 18 and 19 of Act No. 22 / 1997 Coll., as amended by Act No. 71 / 2000 Coll. '.

33.Paragraph 40 (6), including footnote 18c, reads:

"(6) The Czech Mining Authority further

(a) process, in cooperation with the main hygieny18c, the concept of safety and health in mining activities in mines, after consultation with organisations representing the employers concerned and the employees involved in its implementation, and update that concept as necessary;

(b) ensure and coordinate, in cooperation with the competent central authorities, the tasks of international cooperation in its field of competence;

(c) record data on accidents at work, accidents at work and dangerous occurrences occurring in mining and mining activities and in the handling of explosives; it shall compile the annual statistics it publishes,

(d) inform the Commission of the safeguard measures provided for in Article 45 (3) (b), (c) and (e).

18c) Act No. 258 / 2000 Coll., on the Protection of Public Health and on the Amendment of Certain Related Acts, as amended by Act No. 254 / 2001 Coll. '.

34. in Paragraph 41 (2) (k):

"(k) approve the operating orders of the mining mining rescue stations,"

Article 35 (45) reads:

„§ 45

(1) The authorities of the State Mining Administration may withdraw from natural persons authorised or certified to carry out activities for gross or repeated infringements to ensure safety and health at work and safety of operations for up to 3 years.

(2) The authorities of the State Mining Administration may revoke decisions or other measures authorising the performance of activities under this Law issued to an organisation if the organisation has, grossly or repeatedly, infringed regulations to ensure safety and health at work or safety of operations for up to 3 years.

(3) The authorities of the State Mining Administration may:

(a) withdraw an explosive or explosive article which has been acquired or disposed of in breach of this law or other legislation;

(b) withdraw an explosive or explosive article which endangers the safety of persons, animals or property, even if the explosive or explosive article bears the mark of conformity;

(c) order the manufacturer or distributor to withdraw an explosive or explosive article from the market in the event that an explosive or explosive article may endanger the safety of both persons and animals or property, including explosives and explosive articles bearing the mark of conformity;

(d) order the placing of an explosive or an explosive in the explosives warehouse or their disposal;

(e) in case of doubt as to the characteristics of the explosive or explosive article placed on the market, order the manufacturer, importer or distributor to carry out tests to verify the essential safety requirements of the explosive or explosive article.

(4) In the cases referred to in paragraph 3 (a) and (b), the authority of the State Mining Administration shall transmit the explosive withdrawn to the Police of the Czech Republic, unless it complies with paragraph 3 (d). "

36.

„§ 46

The Administrative Rules 21) shall not apply to the procedure laid down in Sections 4, 8, 21 (8), 23 (2), 25 (12), 28a (2) and 40 (5) (b) and (e). '

ČÁST DRUHÁ

Amendment of the Mining Act

Čl. II

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. and Act No. 366 / 2000 Coll., is amended as follows:

1. in Paragraph 3 (1) (b):

"(b) all types of oil and flammable natural gas (hydrocarbons), all types of coal and bituminoidal rock,"

2. In Section 10, the current text becomes paragraph 1 and the following paragraph 2 is added, including footnote 3a:

"(2) The obligations in paragraph 1 (a) to (c) and (g) for bearings with unspecified conquest space are also provided by the Czech Geological Service. 3a)

3a) Article 17 of Act No. 62 / 1988 Coll., on Geological Works and on the Czech Geological Office, as amended. "

3. Paragraph 11 (1) reads as follows:

"(1) The search and exploration of the deposits of reserved minerals and exclusive deposits of non-reserved minerals may be carried out only in the exploratory territory, which is determined in accordance with specific legislation.3) '.

4. In Article 24, the following sentence is added at the end of paragraph 1, including footnote 12 (a): "If the organisation submits, at the same time as the request for the establishment of the mining area, a plan for opening, preparing and capturing the exclusive bearing, including a proof of the settlement of conflicts of interest, and if the other conditions laid down by law are met, the district mining office shall combine the administrative procedure for setting the mining area with the administrative procedure for authorising mining activities under a specific legislation. 12a)

12a) Sections 17 and 18 of Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended by Act No. 542 / 1991 Coll. '

5. In the second sentence of Article 24 (3), the words "the authorisation of geological works' are replaced by the words" the decision to establish the exploratory territory '.

6. In Paragraph 28 (1), the dot at the end of point (e) is replaced by a comma and the following point (f) is added:

"(f) in the case of exclusive bearings, an application for authorisation to open, prepare and conquer where the organisation requests at the same time the establishment of a mining area and the authorisation of mining activities."

Date of Promulgation	07.09.2001
Effective from	01.01.2002
Effective until	-
Status	Valid

Act No. 315 / 2001 Coll.

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

Contents