Act No 386 / 2005 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 01.01.2006
Text versions:
01.01.2006
01.10.2005
386
THE LAW
of 19 August 2005
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:
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., Act No. 150 / 2003 Coll. and Act No. 3 / 2005 Coll., is amended as follows:
1. in § 3 (3) and § 14c (1), the words "Ministry of Economy of the Czech Republic" shall be replaced by the words "Ministry of Industry and Trade";
2. in § 6 (1), § 8, § 14 (4), § 29 (1) and § 32a (6) the words "Ministry of Economy of the Czech Republic" are replaced by the words "Ministry of the Environment";
3. In Paragraph 6 (2), the words "Ministry of Economy of the Czech Republic to the Ministry of the Environment of the Czech Republic 'are replaced by the words" Ministry of Environment of the Ministry of Industry and Trade, Regional Office'.
4. In Paragraph 11 (6), the words "Ministry of Economy of the Czech Republic in agreement with the Ministry of Environment of the Czech Republic 'are replaced by the words" Ministry of Environment after discussion with the Ministry of Industry and Trade'.
5. In Section 12, the words "Ministry of Economy of the Czech Republic 'are replaced by the words" Ministry of the Environment and Ministry of Industry and Trade'.
6. In Sections 14 (3) and 31 (2), the words "Ministry of Economy of the Czech Republic 'are replaced by the words" Ministry of the Environment, Ministry of Industry and Trade'.
7. in Article 14b (3) (f), the words "the territorial authorities of the Ministry of the Environment of the Czech Republic" are replaced by the words "the Ministry of the Environment."
8. In Section 14c (5), the first sentence is replaced by the following: "The decision on the depreciation of stocks of the exclusive bearing with one copy of the documents referred to in Section 14b shall be sent by the Ministry of Industry and Trade to the applicant and to the Regional Mining Office. The decision to write off the stocks of the exclusive bearing without the documents mentioned in § 14b will be sent by the Ministry of Industry and Trade to the Ministry of the Environment, the Regional Office and the Czech Geological Service. The decision to write off small quantities of stocks will be sent by the District Mining Office to the Ministry of Industry and Trade, the Ministry of the Environment and the Czech Geological Service."
9. In Article 15 (1), the words "the Ministry of Economy of the Czech Republic and 'are deleted.
10. in Paragraph 15 (2), the words "Ministry of Economy of the Czech Republic" are replaced by the words "Ministry of Industry and Trade."
11. In Paragraph 24 (2), the first and second sentences are replaced by the following: "In order to submit a proposal for the establishment of a mining area, the organisation must have the prior consent of the Ministry of the Environment, issued after consultation with the Ministry of Industry and Trade. The prior approval of the Ministry of the Environment may be based on compliance with the conditions relating to the creation of a uniform raw material policy of the Czech Republic and the return of funds spent on the state budget for searching and exploring exclusive bearings."
12.Paragraph 24 (3) reads as follows:
"(3) Priority shall be given to the organisation for which a survey of the exclusive bearing has been carried out, i.e. the contracting authority, when obtaining prior consent to determine the mining area. If the contracting authority does not apply a priority claim, the priority claim may be claimed by an organisation that has been financially involved in the survey of the exclusive bearing. This priority claim may be applied by the organisation at the earliest after approval of the calculation of the stocks of the exclusive bearing (Section 14 (3)), but no later than one year after the expiry of the decision on the determination of the exploration area for the search and exploration of the exclusive bearing by the Ministry of the Environment. '
13. in Paragraph 28 (1) (b), the words "Ministry of Economy of the Czech Republic" are replaced by the words "Ministry of the Environment."
14. in Article 29 (4) and (6), "Ministry of Economy of the Czech Republic" is replaced by "Ministry of the Environment";
15. In the first sentence of Paragraph 32a (1), the words "10 000 CZK" shall be deleted, the word "km2" shall be replaced by the word "hectare" and the sentence of the second sentence shall be replaced by the sentence "The amount of remuneration from the conquest area between 100 CZK and 1 000 CZK per hectare, graduated taking into account the degree of environmental protection of the territory concerned, the nature of the activity carried out in the conquest area and its impact on the environment, shall be determined by the Government by regulation."
16. in § 32a (2), the words "Ministry of Economy of the Czech Republic in the Agreement with" are replaced by the words "Ministry of Industry and Trade after consulting the Ministry of the Environment and."
17. in § 32a (3), "Ministry of Economy of the Czech Republic" is replaced by "Ministry of Industry and Trade";
18. in Article 32a (9), the words "Ministry of Economy of the Czech Republic in the Agreement with" shall be replaced by the words "Ministry of Industry and Trade after consulting the Ministry of the Environment,"
19. in Paragraph 33 (3), "Ministry of Economy of the Czech Republic in the Agreement" is replaced by "Ministry of Industry and Trade after discussion."
20. In Paragraph 37 (5), the following sentence is inserted after the first sentence: "If both parties do not agree on the method of compensation, its amount shall be determined by means of an expert opinion. The amount of compensation thus calculated may not be reduced by a divestiture coefficient if its value is less than 1. ';
21. In Paragraph 39 (3), the words "Ministry of Economy of the Czech Republic in agreement with the Ministry of the Environment of the Czech Republic and the Czech Mining Office" are replaced by the words "Ministry of the Environment."
Amendment of the Mining Act, Explosives and State Mining Administration
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., Act No. 315 / 2001 Coll., Act No. 206 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 226 / 2003 Coll., Act No. 227 / 2003 Coll., and Act No. 3 / 2005 Coll., is amended as follows:
1. In Article 17, at the end of paragraph 2, the sentence "The organisation shall also submit agreements to resolve conflicts of interest with the owners of the objects concerned where they so request in writing. '
2. Paragraph 25 (3) reads as follows:
"(3) The organisation may transmit 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 the transfer of explosives from abroad, only on the basis of the authorisation of the Czech Mining Office; This is without prejudice to the provisions of specific legislation13e). The competent authority of the mining office shall apply for an authorisation from 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. In the case of transfer of explosives to a foreign country outside the countries of the European Union, the Czech Mining Authority of the transmitting organisation shall be required to apply for authorisation. '
EFFECTIVE
This Law shall take effect on 1 January 2006.
Zaoralek v. r.
Klaus v. r.
Paroubek v. r.
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Regulation Information
| Citation | Act No. 386 / 2005 Coll., 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 |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.10.2005 |
|---|---|
| Effective from | 01.01.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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