What is Full text of Act No. 408 / 2002 Coll.?

Full text of Act No. 408 / 2002 Coll., Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as resulting from subsequent amendments — Full text of Act No. 61 / 1988 Coll., on Mining Activities, Explosives and the State Mining Administration, as resulting from subsequent amendments.

When it became Full text of Act No. 408 / 2002 Coll. effectiveness?

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Is Full text of Act No. 408 / 2002 Coll. still valid?

Yes, Full text of Act No. 408 / 2002 Coll. is still valid and effective.

Full text of Act No. 408 / 2002 Coll. - Full text of Act No. 61 / 1988 Coll., on...

408

PRESIDENT OF THE GOVERNMENT

Announces

The full text of Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as follows from the amendments made 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. and Act No. 206 / 2002 Coll.

THE LAW

on mining activities, explosives and state mining administration

The Czech National Council decided on this law:

ČÁST PRVNÍ

BASIC PROVISIONS

§ 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)

ČÁST DRUHÁ

HORNIC ACTIVITIES AND ACTIVITIES IMPLEMENTED BY HORNIC ELEMENTS

ODDÍL PRVNÍ

Basic concepts

§ 2

Mining

Mining activities under this Act shall mean:

(a) search for and survey for deposits of reserved minerals ("exclusive bearings"), 1a)

(b) opening, preparing and conquering of exclusive bearings;

(c) setting up, securing and disposing of mining and quarrying works;

(d) processing and processing of minerals carried out in connection with their conquest;

(e) the setting up and operation of drains, drains and drains in the activities referred to in (a) to (d);

(f) specific interference with the crust, 2)

(g) provision and disposal of old mining works, 3)

(h) mining emergency services;

(i) strictly measuring activity.

§ 3

Mining activity

Activities carried out in a mining manner under this Act shall be understood as:

(a) mining of non-reserved mineral deposits, including treatment and treatment of minerals carried out in connection with their conquest, and tracing and exploration of non-reserved mineral deposits carried out for that purpose;

(b) the extraction of sands in watercourses and gravel by floating machines, including the treatment and processing of such raw materials carried out in connection with their extraction, with the exception of the removal of watercourse maintenance loads;

(c) work to ensure the stability of underground areas (underground remediation work);

(d) work on opening caves and keeping them safe;

(e) land works carried out using machinery and explosives when more than 100,000 cubic metres of rock are moved on one site, with the exception of the creation of buildings;

(f) drilling of wells over 30 m in length for purposes other than those referred to in Sections 2 and 3;

(g) the collection of natural medicinal and table mineral waters in the mine in underground;

(h) work to make old mining works available (2a) or permanently abandoned mining works and to keep them safe;

(i) underground work consisting of the digging of mining pits and wells, the stamping of stacks and tunnels, as well as the creation of underground spaces of more than 300 cubic metres of rock.

§ 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.

§ 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.

§ 4

Removal of doubts

In doubt whether it is a mining activity or whether it is a mining activity, the Czech Mining Authority will decide after consultation with the central authorities concerned. Where the decision also concerns the exercise of the overseeing of the authorities of the State Mining Administration, the procedure laid down in Paragraph 39 (3) shall apply.

ODDÍL DRUHÝ

Basic conditions for mining and mining activities

Obligations of organisations in mining and mining activities

§ 5

(1) Mining and mining activities must respect the principles of the protection and exploitation of mineral assets, the requirements for the economical use of mineral deposits, the safety and health at work and the safety of operations, the principles of mining technology, as well as the requirements for the protection of the working environment.

(2) Mining and mining activities can only be carried out by organisations authorised by the State Mining Authority for such activities. Mining and mining activities may only be carried out by an organisation on the basis of an authorisation granted under this Act, the Mining Act or under special legislation, 3c) or on the basis of a declaration, if the legislation so permits. Before issuing the mining permit referred to in Section 2 (a), the organisation shall demonstrate that the implementation of those activities will be managed and the quality of those activities is the responsibility of a person with competence under a special law. 3d) Presumption to obtain authorisation for mining activities and activities carried out in a mining way, and to design and design objects and equipment which are part of mining activities or activities carried out in a mining way, or related works, if not regulated by a special legislation, 3d), the Czech Mining Office shall provide for a decree.

(3) The Czech Mining Authority lays down requirements for the qualification and competence of personnel engaged in mining or mining activities, where appropriate, design or design objects and equipment forming part of mining activities, or activities carried out by mining activities, or certain work related to mining activities or activities carried out by mining activities, followed by a procedure for verifying the professional competence of workers by means of generally binding legislation, unless those requirements are governed by a special legislature.4)

(4) The organisation is obliged to notify the Circuit Mining Authority of the commencement, interruption and termination of the mining or mining activity to the extent and time limits laid down by the Czech Mining Authority by the generally binding legislation.

§ 5a

(1) Where such a law, upper law or regulations issued for their implementation (4a) lays down requirements for the qualification, competence or other requirements for the pursuit of activities under this or the upper law, those requirements shall also be deemed to be fulfilled if the natural person submits a certificate issued by the competent authority of a Member State of the European Union in accordance with the relevant Directive of the European Union. (b)

(2) The confirmation referred to in paragraph 1 for citizens of the Czech Republic or citizens of another Member State of the European Union who have performed mining or mining activities in the Czech Republic shall be issued by the Czech Mining Authority. The certificate shall be issued in the Czech language at the request of a natural person supported by data on the duration and orientation of the activity.

§ 6

(1) In its activities, the organisation is required to ensure and control compliance with this law, the Mining Act and the regulations issued on their basis, as well as specific legislation governing safety and health at work, safety of operations and working conditions in mining and mining activities. The organisation shall establish from persons meeting the conditions set out in Section 5 (3) for each mine of the race mine and for each quarry of the quarry which is responsible for the safe and professional management of the mining activity or activities carried out in a mining way. The organisation shall not establish a factory mine or a factory quarry for a superior employee in matters of professional management and management of the safe conduct of mining activities.

(2) The organisation shall take the necessary preventive and protective measures in a timely manner and shall immediately eliminate hazardous situations which could jeopardise the operation of the organisation or the legally protected general interest, in particular the safety of human life and health. In the context of emergency prevention, the organisation is required to take measures, in particular, to prevent fires and explosions, water and mud drains, rock, coal and gas ruptures, as well as mining shocks and eruptions.

(3) The organisation is also required to:

(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 the investigations into operational accidents and serious accidents at work to the Circular 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 examination;

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

(4) An organisation performing a mining activity shall establish a department or, where appropriate, a competent worker for the performance of tasks in the field of occupational safety and health and safety, a worker for the management of the disposal of major accidents (accidents) and draw up plans for their disposal.

(5) In view of the nature of the work, its risk and taking into account local conditions, the Czech Mining Authority may determine when an organisation, in a mining activity, is required to set up a unit or, where appropriate, to establish a competent worker for the performance of tasks in the field of safety and health at work and safety at work, a worker for the management of the disposal of major operational accidents (accidents) and to draw up a plan for their recovery.

(6) The Czech Mining Authority will adapt in more detail the general binding legislation

(a) requirements to ensure safety and health at work and safety of operations in mining and mining activities, including the safety of equipment used and fire protection in the underground;

(b) emergency prevention requirements and plans for serious traffic accidents (accidents);

(c) identification and registration of causes of serious accidents and accidents at work,

(d) reporting of serious events and dangerous situations, serious accidents in the operations (accidents), serious accidents at work and technical equipment disturbances.

§ 7

Mining emergency services and assistance to organisations in accidents

(1) The mining organisation is obliged to provide mining rescue services if it carries out underground and in cases specified by the Czech Mining Authority.

(2) The mission of the Mining Rescue Service is to carry out work to save human lives and property in major operational accidents (accidents), including the provision of first aid in the underground. The Mining Rescue Service also carries out specified tasks in the emergency prevention sector, as well as safety and health at work and safety of operations. The provision of medical first aid services in the underground is governed by specific regulations. 6)

(3) Mining rescue services are carried out by mining rescue stations.

(4) The Czech Mining Authority may, in view of the nature of the work, its risk and taking into account local conditions, order the organisation to provide mining services.

(5) If the organisation so requests, another organisation is obliged to provide assistance to the applicant for the destruction of the accident (§ 6), in particular to save the life of people and property, namely material, technology and workers, in particular mining rescue workers, but only to such extent as to avoid endangering the safety of the operation and safety of the life and health of the people in their own organisation. A request for assistance may be refused by an organisation only if such assistance would jeopardise the safety of operations in its own organisation, in particular the safety of life and human health. The organisation which provided the assistance shall be entitled to compensation for the costs thus incurred, compensation for damages and, where appropriate, other property damage in its own operation against the organisation which has been granted the assistance.

(6) If the organisation sets up its own mining rescue station, it is obliged to take care of the proper training of the mining rescue workers, their regular training, material equipment of the mining rescue station, as well as the familiarisation of rescue workers with new knowledge in the field of rescue and the early provision of prescribed medical examinations.

(7) The organisations referred to in paragraphs 1 and 4 shall be obliged to contribute to the cost of setting up, equipping and operating the main mining rescue station within the scope of which they carry out the activity for which the mining rescue service must be secured, at the level provided for in the agreement between the organisations. If the organisation fails to assess the amount of the contribution, the Czech Mining Office will determine it.

(8) Organisations are obliged to provide mining inspectors (§ 42) with adequate equipment to perform their duties, in particular rescue and rescue equipment and accessories. Main mining rescue stations are required to allow mining inspectors - rescue workers regular training at the main mining rescue station and compulsory medical examinations in the range for mining rescue workers.

(9) The provision of the Mining Rescue Service, its organisation and tasks and the requirements for the competence of its staff are laid down by the Czech Mining Authority in general by binding legislation.

§ 8

Technical equipment

(1) In mining and mining activities only technical equipment and equipment which comply with the regulations for safety and health at work and safety of operations may be used.

(2) The eligibility of technical equipment and equipment shall be checked by regular inspections, tests and revisions, which may only be carried out by authorised and competent personnel.

(3) Types of selected mining machinery, equipment, apparatus and equipment must be authorised for use by the Czech Mining Office before first use in the underground. At the same time, the Czech Mining Authority will determine which of the selected mining machinery, equipment, equipment and equipment is subject to regular testing. The Czech Mining Authority shall determine the examination and presentation of the expert opinions necessary for the issue of the authorisation and ensure that the person requesting the authorisation is provided.

(4) The Czech Mining Authority, by a generally binding law, sets out selected mining machinery, equipment, apparatus and equipment, as well as the conditions for their checking, the procedure for authorising their types, their conditions of use and the conditions of use and the professional bodies, workplaces and experts authorised to process expert opinions and to carry out the tests referred to in paragraph 3.

(5) repealed

(6) The provisions of paragraphs 1 to 4 shall not apply to products before they are placed on the market, unless they are provided for in a special act to assess conformity, (6a) unless otherwise provided for in a regulation issued by the Government to implement them.

§ 8a

(1) Reserved technical installations are installations with an increased risk to the health and safety of persons and property subject to supervision under this Act. They're pressure, lifting, electrical and gas equipment.

(2) Depending on the degree of hazard, dedicated technical equipment shall be classified in classes or groups, as appropriate, and the method of checking the professional competence of natural persons for activities on such installations shall be laid down.

(3) Organisation

(a) ensure, when placing into service and operating dedicated technical installations, that inspections, revisions and tests are carried out within a specified range;

(b) they may install, repair, carry out revisions and tests of dedicated technical equipment, fill vessels of gases and produce dedicated pressure equipment, unless they are covered by a government regulation issued for the implementation of a special act, 6a) only if they are competent and have the authority referred to in paragraph 6 (a);

(c) ensure that only natural persons who are competent and, in specified cases, hold certificates carry out tests, revisions, repairs, assembly or servicing of dedicated technical equipment.

(4) The requirements of the organisation's competence are the necessary technical equipment and competence of its staff.

(5) The conditions of competence of natural persons referred to in paragraph 3 (c) shall be:

(a) reaching the age of 18;

(b) medical fitness under special regulations, 6b)

(c) the prescribed qualification,

(d) period of experience in the field;

(e) the certificate referred to in paragraph 6 (b), in the case of revisions and tests of dedicated technical equipment, repairs, installation of dedicated gas equipment of the first class or operation of dedicated pressure equipment - boilers.

(6) Authorities of the State Mining Administration

(a) verify, in specified cases, the professional competence of organisations and business natural persons for the manufacture, assembly, repair, revision and testing of dedicated technical equipment and for the filling of containers of gases and authorise them to do so;

(b) examine and certify the competence of natural persons for the testing, revision, repair, assembly or operation of dedicated technical equipment;

(c) decide to withdraw or restrict authorisations for organisations and business natural persons for the manufacture, assembly, repair, revision and testing of reserved technical equipment and for the filling of containers of gases in the event of an infringement detected to ensure safety of work and technical equipment;

(d) decide whether to withdraw or restrict certificates of natural persons for testing, revision, assembly, repair or service of reserved technical equipment in the event of an infringement detected to ensure safety of work and technical equipment.

(7) The certificate for activities on dedicated technical installations issued by the authorities of the State Mining Administration shall be valid for five years from the date of issue.

(8) Czech Mining Office by Order

(a) determine which technical installations within the competence of the State Mining Authority are considered to be reserved and, at the same time, determine their classification in classes or groups, where appropriate;

(b) lay down detailed conditions for dedicated technical installations as regards their level of safety, location, production, assembly, repair, operation, inspections, revisions, testing and accompanying and operational documentation;

(c) specify the conditions for the professional competence of organisations with regard to the necessary technical equipment and competence of their personnel;

(d) specify the conditions for the competence of natural persons with regard to the prescribed qualifications and professional experience in the field.

(9) The authorisation of the Czech Mining Authority to lay down in the decrees referred to in paragraph 8 more detailed conditions for the safety of reserved technical equipment referred to in paragraph 1 before they are placed on the market may be applied only if they are not subject to a government regulation issued for the implementation of a special law. 6a)

§ 8b

Analyses of samples of mining air and other mining gases can only be carried out by authorized persons according to special legislation 6c) entrusted by the Czech Mining Authority.

ODDÍL TŘETÍ

Authorisation of mining activities

§ 9

Search and survey of bearings with mining parts

(1) Search and survey of bearings by mining parts, including the securing or disposal of such mining works, is permitted by the District Mining Authority in specified cases. The organisation shall submit the required documentation with the application for authorisation.

(2) The Czech Mining Office provides for a generally binding law in which cases, when searching for and exploring mining parts, the authorisation of the mining office, the procedure for issuing such authorisation and the authorisation to secure or dispose of such mining works, as well as the prescribed documentation is required.

§ 10

Opening, preparation and quarrying of exclusive bearings, securing and disposal of mining works and quarries

(1) The opening, preparation and extraction of exclusive bearings (7) is authorised by the District Mining Authority. With the application for authorisation, the organisation shall submit a plan of openings, preparation and procurement and the prescribed documentation. The opening, preparation and conquest shall not commence without the permission of the Circular Mining Office.

(2) Plans for opening, preparing and capturing are drawn up for the whole of the exclusive bearing or for the complete part thereof; If newly built or reconstructed mines or quarries are involved, these plans may be drawn up gradually according to the stages of work on the opener, preparation or extraction. Part of the plan for opening, preparing and quarrying is to quantify the expected costs of the expected mining damage and the remediation and reclamation of the land affected by the extraction of the exclusive bearing. At the same time, a proposal for the creation of the necessary financial reserves and a proposal for the timing of their creation must be submitted. (a)

(3) Only mining methods which ensure safety and health at work and safety of operations, economical conquest, required reddening and permissible degree of pollution may be used in the production of exclusive bearings. The types of mining methods and the extent of their use shall be specified in the plans for opening, preparing and conquering. New mining methods must be tested and evaluated by the organisation; they may only be introduced into conquest technology with the consent of the Circuit Mining Authority.

(4) When temporarily stopping operation in a mine or quarry, the organisation is required to ensure that they are secured in such a way that the extraction of the bearing can be restored. The organisation shall notify the district mining office of the cessation of operations. If the organisation of the collateral is not carried out and the safety or health of the people or other mining of the bearing is compromised, the district mining office shall order the mine or quarry security at the expense of the organisation.

(5) In the event of a permanent cessation of operations in a mine or quarry, the organisation shall carry out their disposal or submit to the District Mining Authority a project for their other use. If the organisation does not carry out the liquidation and human health is at risk, the District Mining Authority shall order the liquidation to be carried out at the expense of the organisation.

(6) The provision of mining and quarrying works and the disposal of the main mining and quarrying works is permitted by the district mining authority. The organisation shall submit a freezing or liquidation plan with the application for authorisation. The district mining office shall order the organisation to secure or dispose of the main mining works and quarries, if not for the cases referred to in paragraphs 4 and 5, also if the organisation does not submit an application for authorisation within 3 months of the end of the acquisition or interruption.

(7) The District Mining Office may order the work referred to in paragraphs 4 to 6 to be carried out up to a maximum of the financial reserve (8b) established by the organisation.

(8) The main mine parts under this law are all mining works that result in the surface and mining works that open the exclusive bearing or its complete part.

(9) Details of the procedure for the authorisation of the opening, preparation and extraction of exclusive bearings, the provision of mining and quarrying works and the disposal of main mining works and quarries, as well as the prescribed documentation are laid down by the Czech Mining Office by a generally binding law.

(10) In the event of a change to the opening, preparation, acquisition or liquidation plan, the applicant shall only be a party to the proceedings if the rights and obligations of other persons are not compromised and the range of persons concerned or threatened by mining activities does not change. The amendment may be authorised only after consultation with the competent authorities of the State that protect interests in the territory concerned under specific legislation.

§ 11

Special interventions in the Earth's crust

(1) Special interventions to the Earth's crust (2) are authorised by the District Mining Authority. The organisation shall submit the required documentation with the application for authorisation.

(2) If, with specific interference with the Earth's crust, it is possible to prevent or make it difficult to conquer the sole bearing of another organisation, an expression of that organisation shall be attached to the application.

(3) Details of the procedure for the authorisation of specific interference in the crust and the prescribed documentation are laid down by the Czech Mining Authority by a general binding law.

§ 12

repealed

§ 13

Provision and disposal of old mining works

(1) Securing or disposing of old mining works (3) is authorised by the District Mining Authority. With the application for authorisation, the organisation shall submit a plan of securing or disposing of old mining works and the prescribed documentation.

(2) The details of the freezing and liquidation plan and the procedure for authorising the freezing and disposal of old mining works as well as the prescribed documentation are laid down by the Czech Mining Authority by a generally binding law.

§ 14

Strictly measurement and geological documentation

(1) Strictly measurable and geological documents10) must include, in particular, bearing data, all mining works, outbursts, droppings and drains as well as a surface situation within the scope of the whole mining area; If, due to the storage ratios of the bearing, it is possible to expect effects of conquest even outside the boundaries of the conquest space, the metering and geological documentation shall include a surface situation within the range of these effects. Where mining works or equipment are located outside the quarry, the documentation shall include such works or equipment.

(2) If the metering or geological documentation is missing, or if it is incomplete or defective, the district mining office may order the preparation or addition of such documentation to the organisation's cargo.

(3) After the completion of the operation referred to in § 2, the organisation shall, within 12 months, forward to the Circuit Mining Office two copies of the final report and the records of the main mining works and of the metering and geological documentation which may be stored permanently on the technical data carrier.

(4) After the dismantling of the mining space, within 2 months, the competent district mining office shall forward a copy of the final report, the records of the main mining works and the measurement and geological documentation to the Czech Geological Service.

Entry into foreign property

§ 15

(1) In the opening, preparation and quarrying of exclusive bearings, as well as in the treatment and processing of minerals carried out in connection with their conquest, in the establishment, provision of mining works and quarries, or in the disposal of major mining works and quarries, including their installations, in the establishment and operation of drains, drains and desalination, in the provision or disposal of old mining works, and in special interventions in the earth's crust, personnel of the authorities and organisations are authorised to the extent necessary, after prior notification to the owner (the administrator, users), to carry out inspection, where appropriate orientation and to use them for the establishment and maintenance of measurement and marking and protection, signals and other measurement facilities.

(2) For the purpose of exercising the authorisation referred to in paragraph 1, authorities and organisations may also, to the extent necessary, if they do not do so at their request and on their load within a reasonable period of time by the owner (manager, user) of the real estate, make the necessary land modifications, to be able to be ventilated and to remove crops obstructing inspection and the use of measurement and border signs and protective features, signals and other measuring equipment.

(3) When exercising the authorisation referred to in paragraphs 1 and 2, the authorities and organisations shall ensure that they have as little interference as possible with the rights and rights of the protected interests of the owners (managers, users) of the property.

(4) Owners (administrators, users) of real estate are obliged to abide by the location of the measurement and border marks and the protective features, signals and other real estate measuring devices and to refrain from anything that could destroy them, damage them or render them useless.

(5) Without prejudice to specific provisions, 11) according to which the implementation of the activities referred to in paragraphs 1 and 2 is excluded, restricted or subject to specific consent or authorisation.

§ 16

(1) The general provisions on compensation shall apply to compensation for damage caused by an activity under Paragraph 15 (1) and (2), (12), unless otherwise provided for in that law.

(2) The authorities and organisations are obliged, after the termination of their activities under Article 15 (1) and (2), to put the property used immediately into its previous state and to inform the owner (manager, user) of the property.

(3) If it is not possible or economically useful to replace the damage caused by the introduction into the previous state, the owner (manager, user) of the property shall be entitled to compensation in cash.

(4) Where the owner (manager, user) of the real estate is an activity under § 15 (1) and (2) substantially restricted in the usual use of the property, he shall also have the right to receive adequate one-off compensation from the authority or organisation for which the activity is being carried out or the establishment of the installation. This right may be exercised with the institution or organisation within one year of the date of receipt of the closure notification, otherwise the right shall cease. Disputes concerning one-off compensation shall be decided by the district office in whose territory the property is situated.

Procedure for authorising mining activities

§ 17

(1) The application for authorisation of mining activities pursuant to Sections 9 to 11 and 13 shall be submitted by the organisation with the prescribed documentation and documents no later than 3 months before the planned start of the work of the district mining office.

(2) Where mining activities are threatened by legally protected objects and interests, evidence of resolution of conflicts of interest shall be submitted with the request.

(3) If the application and documentation submitted do not provide sufficient basis for assessing the proposed mining activity or if the application for authorisation for mining activities pursuant to Article 10 is not in accordance with the conditions laid down in the decision to establish the protected bearing area and the mining area, the district mining authority shall invite the organisation to complete the application within the time limit set, or to comply with those decisions, if necessary; It shall proceed mutatis mutandis if the request does not contain all evidence of resolution of conflicts of interest.

(4) The Circular Mining Authority shall decide on the application no later than 2 months after its submission; where appropriate, from its addition in accordance with paragraph 3.

(5) The Circular Mining Authority shall terminate the mining authorisation procedure if the application has not been completed within the time limit set in accordance with paragraph 3.

§ 18

(1) The parties to proceedings for the authorisation of mining activities are the applicant, the investor, the owner of the mining work and the citizens whose rights and rights protected interests or obligations may be affected by the authorisation and the municipality in whose territory the mining activity is to be pursued.

(2) The mining activity referred to in paragraph 1 shall be authorised by the District Mining Authority on the basis of a local investigation procedure; the costs of expert assessments required in the proceedings shall be reimbursed by the applicant.

(3) The District Mining Office shall notify the authorities concerned and the parties to the proceedings of the initiation of the proceedings no later than 10 days before the oral hearing or, where appropriate, the local inquiry. At the same time, they shall be advised that they may make use of their opinions or objections at the latest at the oral hearing or, where appropriate, in the local inquiry, otherwise that the opinions or objections subsequently submitted need not be taken into account. If, in justified cases, one of the public authorities needs a longer period of time to properly assess the matter, the District Mining Authority shall, at its request, extend the deadline set before the expiry of the case.

Citation	Full text of Act No. 408 / 2002 Coll., Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as resulting from subsequent amendments
Regulation Type	Declared full text
Author	-
Collection	Code of Laws

Date of Promulgation	13.09.2002
Effective from	-
Effective until	-
Status	Valid

Full text of Act No. 408 / 2002 Coll.

Full text of Act No. 61 / 1988 Coll., on Mining Activities, Explosives and the State Mining Administration, as resulting from subsequent amendments

Contents