Act No 366 / 2000 Coll.
Act amending Act No. 62 / 1988 Coll., on Geological Works and on the Czech Geological Office, as amended by Act No. 543 / 1991 Coll., and Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Mining Act), as amended
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Effective from 22.11.2000
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366
THE LAW
of 14 September 2000
amending Act No. 62 / 1988 Coll., on Geological Works and on the Czech Geological Office, as amended by Act No. 543 / 1991 Coll., and Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Upper Law), as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on Geological Works and the Czech Geological Office
Act No. 62 / 1988 Coll., on Geological Works and on the Czech Geological Office, as amended by Act No. 543 / 1991 Coll., is amended as follows:
1. Article 2, including the title and footnotes 1) and 1a) shall read as follows:
Geological work
(1) Geological works under this Act means geological research and geological exploration in the Czech Republic, which includes:
(a) examining, evaluating, documenting and displaying the development and composition of the geological construction of the territory and its laws;
(b) searching for and exploring mineral deposits, verifying their stocks and processing geological materials for their use and protection;
(c) searching for and exploring groundwater resources, including natural waters of medicinal, table mineral and thermal waters, verifying their usable stocks, examining the negative effects on their quality and quantity, as well as the processing of geological materials for their use and protection;
(d) the identification and verification of engineering geological and hydrogeological conditions of the territory, in particular for the purpose of spatial planning, documentation and implementation of structures, including stabilisation of landslides;
(e) detection and verification of geological conditions for the establishment, operation and disposal of gas, liquid and waste storage facilities in rock and underground areas, for the industrial use of the thermal energy of the earth's crust and for the provision and disposal of old mining works, 1)
(f) identification and evaluation of environmental factors;
(g) the detection and elimination of anthropogenic pollution in the rock environment.
(2) Geological research includes a set of works which examine the creation and operation of geological processes, examine, evaluate and document the geological construction of the territory, its elements and its legality. Geological research is not part of the next stage.
(3) The geological survey includes dedicated geological work to examine territories in details exceeding geological research. Geological research shall be divided into bearing, survey for special interventions in the earth's crust, hydrogeological, engineering geological and survey of environmental geological agents.
(4) Bearing survey is broken down on stage
(a) searches which constitute a set of geological works designed to assess the territory in terms of the possible occurrence of mineral deposits, to find them, verify their approximate scope and significance, to calculate the search stocks and to identify conflicts of interest for subsequent exploration. For large bearings, only part of the bearing can be verified by stock calculation to allow separate use and the rest can be measured by defining the forecast source. The search shall be carried out in a territory where the deposit of the sought-after mineral has not been found and registered,
(b) a survey which shall be carried out on an already known and registered bearing in which the conquest area has not yet been established, to the extent necessary to obtain the documents necessary for the processing of the documentation under specific legislation, 1a) to calculate the stocks under investigation and to demonstrate their usefulness and to address conflicts of interest with the intended conquest of the bearing;
(c) a mining survey to be carried out in a specified conquest area in the extent and details necessary for the effective extraction of the bearing.
(5) The breakdown of exploratory geological work in the survey for specific interventions in the earth's crust, hydrogeological, engineering-geological, geophysical and geochemical surveys and the survey of geological agents affecting the environment is laid down by the Ministry of the Environment (hereinafter "the Ministry") by decree.
(6) In doubt, the Ministry will decide whether any activity is a geological work, or whether it is a geological research or a geological survey, and what stage it is.
1) § 35 of Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Mining Act), as amended by Act No. 541 / 1991 Coll.
(1a) § 27 of Act No. 44 / 1988 Coll. '
2. The title of Part Two is: "AUTHORIZATION FOR THE IMPLEMENTATION OF GEOLOGICAL WORK '.
3. Article 3, including the title and footnotes No 2a) and (2b) shall read as follows:
Authorisation for the design, implementation and evaluation of geological works and certificates of competence
(1) The design, implementation and evaluation of geological work is authorised by legal and natural persons who comply with the conditions laid down by the legislation (hereinafter referred to as "organisations") and whose performance is under the responsibility of a person with a certificate of competence to design, carry out and evaluate geological work (hereinafter referred to as the responsible geological work investigator).
(2) Geological works which are not linked to land intervention shall not be subject to the obligation to design, implement and evaluate them through a responsible geological worker.
(3) The Ministry shall decide on the competence of the responsible surveyor of the geological work. The decision issuing the certificate of professional competence of the responsible surveyor of geological work shall be for an indefinite period. The Ministry may revoke the decision on professional competence to a person who has seriously or repeatedly infringed the provisions of this Act or the provisions adopted pursuant to it.
(4) Professional competence is a condition of higher education with a geological focus proven by a test report or a vocational secondary education with a minimum of five years' experience in the field, a practice in the field of at least three years' experience involving a share in the solution of geological tasks, the professional level of hitherto work, the passing of an examination of the knowledge required by the regulations (2a) and integrity. 2b) In order to assess the professional level of the work to date, the Ministry shall entrust professional guarantees from experts recommended by professional organisations. The evidence necessary to demonstrate the competence, specialisation and competence for which the competence is certified shall be determined by the Ministry by means of a decree.
(5) The responsible geological work solver provides projects, partial and final reports of geological work by hand signature and a round stamp, which contains a small state emblem of the Czech Republic, the name of the responsible geological work solver, the field or specialisation indicated and the serial number under which the certificate of competence was issued.
(2a) For example, Act No. 50 / 1976 Coll., on the zoning and construction rules (Construction Act), as amended, Act No. 44 / 1988 Coll., as amended, Act No. 114 / 1992 Coll., on Nature and Landscape Protection, as amended, Act No. 138 / 1973 Coll., on Water (Water Act), as amended, Act No. 61 / 1988 Coll., on Mining, Explosives and on State Mining Administration, as amended, Act No. 20 / 1987 Coll., as amended, Act No. 151 / 2000 Coll., as amended, Act No. 20 / 1966 Coll., as amended, Act No. 20 / 1987 Coll.
2b) Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended. '
4. footnote 2 shall be deleted;
5. Article 4, including the title and footnotes No 3a) to 3e) reads as follows:
Determination of exploration area for bearing survey
(1) Geological work for the search and exploration of reserved mineral deposits and the exploration of exclusive mineral deposits may only be carried out in the exploratory territory established by the legal person or natural person authorised for mining activities, 3a) (hereinafter referred to as the contracting authority).
(2) The request for the establishment of an exploratory territory for the search and exploration of exclusive bearings (hereinafter referred to as the "exploratory territory") is made in duplicate and contains:
(a) a design of the exploratory territory, drawing it into the map of the surface situation on an appropriate scale, but not less than 1: 25 000 for the territory of up to 50 km2 and 1: 50 000 for 50 km2, with a calculation of the area content, and the coordinates of the peaks of the exploratory area defined by direct lines;
(b) mineral in the case of searches and exclusive mineral deposits in the case of exploration;
(c) a sketch of the boundaries of the mining areas, protected bearing areas, or other protected areas or protection zones, where appropriate, in the proposed exploratory territory and a list of those territories;
(d) details of the applicant and his integrity (2b) and evidence of his entitlement to the mining business; integrity shall be demonstrated by an extract from the record of the Register of Penalties which shall not exceed three months;
(e) the stage of the work, the objective, the scope and the manner in which the work is carried out and the period for which the exploratory territory is requested;
(f) in the case of exploration or exploration of oil or gas deposits, evidence of the applicant's technical and financial capacity;
(g) the distribution of the area content of the survey area into the territory of individual municipalities. Where the proposed exploratory territory of an exclusive mineral bearing exceeds its scope as defined by a specific legislation, 3b) the application shall also include the written consent of the owners of the parcels concerned. (c)
(3) In the exploratory territory, the contracting authority shall have the exclusive right to search for and survey the exclusive bearing in accordance with the definition of the exploratory territory.
(4) The designation of the exploratory territory may be transferred by the contracting entity to another natural person or legal person only under a written contract and with the written consent of the Ministry. Without this consent, the transfer is invalid. This Treaty shall transfer to the new contracting authority all obligations and obligations arising from the original contracting authority in connection with the design, implementation and evaluation of geological works since the beginning of the validity of the exploratory territory before the conclusion of the contract. The Ministry shall grant its consent to the person to whom the exploratory territory is to be transferred if that person demonstrates that he is able to meet the obligations and obligations assumed.
(5) The surface borders of the exploratory area are determined by a closed geometric pattern with direct sides whose vertices are defined by coordinates in the valid coordinate system. The boundaries below the surface are given by vertical planes passing through the sides of the surface pattern.
(6) The organisation which will implement the public prohibition (d) awarded by the Ministry for the Search or Exploration of the Bearing of the Reserved Nest shall submit an application in accordance with paragraph 2.
(7) The request for the establishment of an exploratory area for special intervention in the Earth's crust (3e) is subject to a similar procedure as for the search for or exploration of mineral deposits.
(8) Where, during the period of validity of the designation of the exploratory territory, the contracting authority renounces the designation of the exploratory territory in writing or waives the authorisation to use part of that territory, that fact shall apply on the date of receipt of the notification to the Ministry.
(9) The Ministry shall keep a summary record of the specified exploratory territories. Data on the location and extent of the exploratory territory, mineral or bearing, the date of validity of the determination of the exploratory territory and the person at whose request that territory has been determined shall be made publicly available.
3a) Article 5 of Act No. 61 / 1988 Coll., as amended.
3b) § 43a of Act No. 44 / 1988 Coll., as amended by Act No. 541 / 1991 Coll.
3c) § 7 of Act No. 44 / 1988 Coll., as amended by Act No. 541 / 1991 Coll.
3d) Act No. 199 / 1994 Coll., on Public Procurement, as amended.
3e) § 34 of Act No. 44 / 1988 Coll., as amended by Act No. 541 / 1991 Coll. '
6. Paragraph 4a, including the title and footnote 4a, reads as follows:
(1) The exploratory territory shall be established for the purpose of searching for and exploring the exclusive bearing.
(2) An application for the establishment of an exploratory territory shall be submitted to the Ministry. The party to the proceedings shall be the applicant, the municipality in whose territory the draft exploratory territory or part thereof is situated, or, where appropriate, the person to whom the special law 4a) grants the status of party to the proceedings. Only one exploratory area may be set up for an exclusive bearing.
(3) The receipt of the request referred to in paragraph 2 concerning the survey of the bearing found from the State Budget shall be notified by the Ministry in the Commercial Bulletin. A competitive application may be submitted within 30 days of notification of the application; no administrative procedure is initiated until that date. In the case of two or more applications, the Ministry shall decide on the basis of their assessment and take into account which application ensures that more complete geological information and better protection of legally protected interests are obtained.
(4) In the decision setting out the exploratory territory, the coordinates shall define the territory or, where appropriate, the exclusive bearing for which the survey territory is determined, the period of validity of the territory and the conditions for carrying out the work. In the case where the survey area is situated in the territory of several municipalities, the share of individual municipalities in km2 shall also be defined.
(5) The Ministry shall reject the request for the establishment of the exploratory territory where:
(a) the proposed exploratory territory overlaps, in whole or in part, with the territory already established for the same mineral, with another contracting authority or with a specified conquest area;
(b) prior agreement has been given on the bearing to submit a proposal for the establishment of a charging area under specific legislation3b to a person other than the applicant;
(c) the applicant does not demonstrate the required integrity or authorisation for mining activities;
(d) for the search for oil or gas deposits, the applicant shall not demonstrate technical or financial capacity;
(e) the applicant has been abolished in the last 10 years in accordance with Article 21 of this Law.
(6) The Ministry shall also reject the request for the establishment of the exploratory territory in particular if the survey is contrary to the state's raw material policy, the state's environmental policy, the interests of the state's defence, the state's foreign obligations or if the other public interest exceeds the interest in further exploration and subsequent use of the exclusive bearing.
4a) For example § 70 of Act No. 114 / 1992 Coll.
7. § 4b, including the title reads:
Fee for authorisation to perform bearing survey
(1) On the basis of the decision to determine the exploratory territory, the contracting authority shall pay a fee, the amount of which shall be derived from the area of that territory, which shall in the first year be CZK 2 000 for each year and the beginning of each year and the beginning of km2 of the specified exploratory territory. This fee is increased by CZK 1,000 per km2 each year.
(2) The fee for the authorisation to carry out a bearing survey, the amount of which has been determined in accordance with paragraph 1, shall be payable for the first year within three months of the beginning of the period of validity of the determination of the exploratory territory, for the following years at an annual interval from the beginning of the validity of the determination of the exploratory territory.
(3) The fee for the authorisation to carry out a bearing survey, the amount of which has been determined in accordance with paragraph 1, is the income of the municipality in whose territory the survey area is situated. Where the exploratory territory is situated in the territory of several municipalities, the contracting authority shall allocate the fee according to the ratio of the areas of the exploratory territory situated in the territory of each municipality. ';
8. Article 5 shall be deleted;
9.
"(3) The project of geological work and its changes containing machine drilling work deeper than 30 m or machinery drilling work whose overall length exceeds 100 m shall be sent by the organisation to the district office within whose territorial competence the work related to the land intervention is to be carried out at least 30 days before the start of the work related to the land intervention. The County Office shall address the project within 30 days in terms of interests protected by specific legislation. (2a) In justified cases, the contracting authority may impose measures of expert assessment by the Czech Geological Service, biological evaluation or other expert assessment or background. In that case, the start of such work shall be postponed for a reasonable period. ';
10. Paragraph 6 (4) is deleted and paragraph 5 is renumbered paragraph 4.
11.
Geological records
(1) In order to ensure an overview of the geological work and of the organisations that carry it out, the geological work shall be recorded before its implementation. The file shall be processed by the organisation carrying out the geological work. It is obliged to submit these documents within 30 days of the beginning of these works to the Czech Geological Service, which will register the project and issue a confirmation about it.
(2) The records are not subject to geological work carried out by organisations in mining research.
(3) If registered geological work is not carried out or its focus or scope changes substantially during the course of the work, the organisation that made the request for registration shall notify the Czech Geological Service within 30 days of the decision to change the work or not to do so.
(4) The scope of the registered data and the procedure for the registration of geological works are laid down by the Ministry by decree. "
12. The following Section 9a is inserted after Section 9, including the title:
Submission of proposals and notifications
(1) In carrying out geological work, the organisation shall submit:
(a) the Ministry
1. a report on the detection of the exclusive bearing indicating the quantity of its stocks;
2. notification of environmental risk factors to the extent provided for in the implementing legislation. The definition of risk geo-factors and the details of their notification shall be laid down by the Ministry by decree,
3. by 31 January of the following year, an annual report on the extent and results of geological work carried out in the search for or exploration of the exclusive bearing;
(b) a notification to the Ministry of Health of the determination of the source of thermal or mineral water, gas, emulation and peloid;
c) Notice to the Czech hydrometeorological institute in Prague of finding a source of groundwater with a yield of more than 1,0 l.s-1 or a source of groundwater with a tension level (artesian water) with a yield of more than 0,5 l.s-1.
(2) The application or notification referred to in paragraph 1 shall be submitted by the organisation within 30 days of the finding of the fact to which the obligation applies.
(3) At least 15 days prior to the start of the geological work involving interference with the land, the organisation shall notify the purpose, scope and expected duration of the work to the municipality in whose territory it is to be carried out.
(4) If the organisations carrying out geological work find that interests protected by specific legislation are affected, 2a) which prevent or exclude the use of the results of such work, it shall immediately notify the contracting authority or the contracting entities of such geological work. ';
13. Article 11, including the title and footnotes Nos 4b and 4c, reads:
Refunds for geological work
Any person who makes use of the results of the geological work paid out of State budget resources shall be required to pay these funds in the amount, period and manner determined by the Ministry when deciding on a request for prior consent to submit a proposal for the establishment of a mining area under a specific legislation. (4b) The collection and recovery of such contributions shall be provided by the Ministry under specific legislation. (c)
4b) § 24 of Act No. 44 / 1988 Coll., as amended by Act No. 541 / 1991 Coll.
(c) Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees, as amended. '
14. In Paragraph 12 (1), the words "the legal person entrusted with the Ministry of Economic Policy and Development of the Czech Republic" shall be replaced by "the Czech Geological Service."
footnote (6) shall be renumbered footnote (5a) and footnote (7) shall be renumbered footnote (5b), including references to that footnote.
15. in Article 12 (2) and (3), the words "entrusted legal person" are replaced by the words "Czech Geological Service" and the words "entrusted legal person" are replaced by the words "Czech Geological Service."
16. In Paragraph 12, the following paragraph 4 is inserted after paragraph 3:
"(4) Organisations not subject to the obligation under paragraph 1 are required to submit written and graphic geological documentation of the geological work carried out by the Czech Geological Service within two months of the approval of the results of the work, but no later than six months after the completion of the work. In the case of geological works ending in the calculation of groundwater stocks, the organisation shall also submit this calculation. '
Paragraph 4 shall become paragraph 5.
17. In Article 12, new paragraph 5, the words "and geological documentation 'shall be inserted after the words" geological works'.
18. in Article 13 (2) and (3), the words "the environment" shall be deleted and in paragraph 3 the words "the Federal Ministry of Defence" shall be replaced by the words "the Ministry of Defence."
19. Paragraph 14, including the title and footnotes 7a, 8a and 8b, reads as follows:
Entry and use of foreign real estate
(1) In the intention to carry out geological work linked to the encroachment of land, the organisation shall, before entering the land, conclude with the owner of the land or, if it is not possible to identify the owner, a written agreement with the landowner on the implementation of geological work, the establishment of workplaces, access routes, water and energy supply, as well as the necessary land adjustments and the removal of crops and, where appropriate, the establishment of structures; the provisions of special legislation2a) remain unaffected.
(2) If the agreement referred to in paragraph 1 is not reached, the competent district authority shall decide on the limitation of the ownership rights of the owner or tenant of the property by imposing an obligation to suffer the execution of geological works. A decision to restrict the rights of the owner or the tenant of the property may be given only in the public interest, unless it is contrary to the state's raw material policy, to the extent necessary, for a fixed period of time, for compensation, and unless otherwise provided by that law, under special legislation, 7a) for:
(a) search for oil or gas deposits;
(b) search for deposits of reserved minerals covered entirely by the State budget;
(c) searching for and exploring groundwater resources for the bulk supply of drinking water or natural medical resources (mineral and thermal waters, gases and emanations);
(d) identification and evaluation of geological data for the production and protection of the environment;
(e) searching for and exploring geological structures suitable for storing hazardous and radioactive waste;
(f) searching for and exploring geological structures suitable for building underground gas and oil storage tanks;
(g) the geological work needed for other activities carried out in the public interest;
(h) detection and evaluation of geological data necessary for the prevention or disposal of public health and public safety situations;
(i) geological work carried out in the performance of the State Geological Service.
(3) Entry into premises and premises used by the armed forces or armed forces, entry into places where State defence and security facilities are located, and into a territory for which a territorial decision or building permit may be issued only with the consent of the competent administrative authorities, (8a) specific legislation is laid down. 8b)
7a) § 108 to 116 of Act No. 50 / 1976 Coll., as amended.
8 (a) § 125 of Act No. 50 / 1976 Coll., as amended by Act No. 83 / 1998 Coll.
8b) For example Act No 222 / 1999 Coll., on the Protection of the Czech Republic, Act No. 20 / 1966 Coll., as amended. '
20. In Section 15, the words "to be determined by the Ministry of the Environment of the Czech Republic 'and the words" for economic policy and development of the Czech Republic' are deleted.
21. in Article 16 (1), (2) and (4), "Article 14 (1)" is replaced by "Article 14 (2)";
22. in the first sentence of Article 16 (4), the word "one-off" shall be deleted; In the second sentence, the word "one-off 'is deleted and the words" competent central authority of the state administration of the Republic' are replaced by the word "Ministry '.
23. Paragraph 16 (5) is deleted.
Paragraph 6 shall become paragraph 5.
24.
State Geological Service
(1) National geological services collect and provide data on the geological composition of the territory, the protection and use of natural mineral and groundwater resources and on geological risks.
(2) The Ministry will establish the Czech Geological Service for the performance of the State Geological Service. "
25. In Paragraph 19 (1), the words "the environment of the Czech Republic and the Ministry of Economic Policy and Development of the Czech Republic" shall be deleted, the words "control" shall be replaced by the words "control" and the words "authorised" shall be replaced by the words "justified."
26. In Article 19 (2), the words "authorities referred to 'are replaced by the words" authorities referred to' and the words "special licences of the authorities referred to in paragraph 1 'are replaced by the words" ministerial service pass'.
27. in Article 19 (3), the words "for economic policy and development of the Czech Republic" shall be deleted;
28.
Penalties
(1) The Ministry may impose a fine of up to CZK 1 000 000 to those who violate the provisions of this law by:
(a) carry out geological work and does not fulfil the conditions laid down in Article 3 (1);
(b) carry out, without registration, geological work subject to registration;
(c) fail to ensure proper and timely geological documentation and its prescribed retention;
d) did not submit the results of geological works for searching or exploring the exclusive bearing, or written and graphic geological documentation of the Czech Geological Service pursuant to § 12 (1) or (4),
(e) carry out geological work for the search or exploration of reserved mineral deposits without establishing the exploratory territory referred to in Article 4 or violating the conditions laid down;
(f) has not remedied serious deficiencies, the removal of which has been imposed pursuant to Paragraph 19 (1), within the prescribed period;
(g) has not submitted the project to the district office pursuant to § 6;
(h) failed to comply with the notification obligation under § 9a;
(i) has not paid, within the prescribed period, the amount and manner of the State budget spent to achieve the results of the geological work referred to in Article 11;
(j) has not provided, within the legal period laid down by law, the documents for processing the application for write-off of stocks under special legislation, 10a)
(k) fails to fulfil the obligations arising from the provisions of Paragraph 14.
(2) The fines referred to in paragraph 1 shall be enforced by the tax authorities in accordance with a specific law. (c)
(3) If an organisation that has been fined has not acted within the prescribed time limit, it may be fined again up to twice the fine imposed.
(4) The proceedings for the imposition of a fine may be initiated no later than one year after the date on which the Ministry found an infringement under this law, but no later than two years after the date on which the infringement occurred. However, the infringement referred to in paragraph 1 may not be negotiated if three years have elapsed since the infringement.
10a) § 14b of Act No. 44 / 1988 Coll., as amended by Act No. 541 / 1991 Coll. '
29.
Revocation of the exploratory territory
The Ministry may abolish the designation of the exploratory territory by the contracting authority if it violates the organisation repeatedly or with serious consequences the obligation laid down by this law or by a decision given on the basis of it or by laws issued to protect public health and the environment. 11)
11) Act No. 114 / 1992 Coll., as amended. Act No. 289 / 1995 Coll., as amended. Act No. 334 / 1992 Coll., as amended by Act No. 10 / 1993 Coll. and Act No. 98 / 1999 Coll. Act No. 130 / 1974 Coll., on State Administration in Water Management, as amended. Act No. 138 / 1973 Coll., as amended. Act No. 86 / 1995 Coll., on the protection of the ozone layer of the Earth. Act No. 389 / 1991 Coll., on the State Administration of Air Protection and Charges for Pollution, as amended. Act No. 309 / 1991 Coll., on Air Protection against Pollutants (Air Act), as amended. Act No. 125 / 1997 Coll., on Waste, 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. Act No. 20 / 1966 Coll., as amended. '
30. in Article 22, the reference to footnote 15 shall be renumbered as footnote 2a and footnote 15 shall be deleted;
31. the following Section 22a is inserted after Section 22:
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Regulation Information
| Citation | Act No. 366 / 2000 Coll., amending Act No. 62 / 1988 Coll., on Geological Works and the Czech Geological Office, as amended by Act No. 543 / 1991 Coll., and Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Mining Act), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.10.2000 |
|---|---|
| Effective from | 22.11.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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