Act No. 41 / 1957 Coll.
Law on the exploitation of mineral wealth (upper law)
Valid
Effective from 01.01.1958
Contents
§ 1
HLAVA PRVÁ
§ 2
§ 3
§ 4
HLAVA DRUHÁ
§ 5
HLAVA TŘETÍ
Oddíl 1
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
Oddíl 2
§ 15
HLAVA ČTVRTÁ
Oddíl 1
§ 16
§ 17
Oddíl 2
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
Oddíl 3
§ 28
Oddíl 4
§ 29
§ 30
Oddíl 5
§ 31
§ 32
§ 33
Oddíl 6
§ 34
§ 35
§ 36
HLAVA PÁTÁ
§ 37
Oddíl 1
§ 38
§ 39
§ 40
Oddíl 2
§ 41
§ 42
Oddíl 3
§ 43
Oddíl 4
§ 44
Oddíl 5
§ 45
§ 46
§ 47
§ 48
Oddíl 6
§ 49
§ 50
§ 51
Oddíl 7
§ 52
HLAVA ŠESTÁ
§ 53
§ 54
§ 55
§ 56
§ 57
§ 58
§ 59
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41
Law
of 5 July 1957
on the use of mineral wealth (upper law)
The National Assembly of the Czechoslovak Republic decided on the following Act:
Preliminary provisions
The purpose of this Act is to ensure the largest and most economical use of mineral deposits for socialist industrial production and construction.
Some basic concepts
Minerals
(1) All solid, liquid and gaseous parts of the earth's crust shall be regarded as minerals under this Act.
(2) However, the following shall not be regarded as minerals under this Act:
(a) water, with the exception of mineral waters which may be industrially processed for mineral content;
(b) medicinal mineral waters and table mineral waters, even if they have the characteristics referred to in (a), as well as medicinal mud and other products of natural medical resources,
(c) peat;
(d) surface layers of the earth's bark, which are the vegetation environment of the plant;
(e) sand, gravel, mud and boulders in watercourses and weaned arms, unless they contain reserved minerals in conquest quantities.
Distribution of minerals into reserved and unreserved minerals
(1) Reserved minerals are:
1. radioactive minerals;
2. all types of coal, bitumen (in particular diesel, earth tar, earth tar, earth wax, oil natural gas, bituminous slate) and methane;
3. minerals from which metals, rare earth elements, germanium and other elements with semiconductor properties or their compounds can be industrially produced;
4. minerals from which sulphur or its compounds can be industrially produced;
5. rock salt, potassium, boron, bromine and iodine salts;
6. cement and other mineral waters which may be industrially processed for mineral content;
7. minerals containing phosphorus which are suitable for industrial processing into artificial fertilisers and phosphorus compounds;
8. magnesite, asbestos and rigid;
9. Halloween, kaolin, ceramic clays (in particular refractory clays and high-value clays), ceramic dandruff, quartz (infusory earth), talc, mould sand, glass sand, gypsum, anhydrite, mica, barytes, feldspar and feldspar pegmatit;
10. bentonite, mineral dyes, painters' earths and walkways;
11. fluorspar, technically usable mineral crystals, other semi-precious stones and precious stones;
12. marble and travertine;
13. quartz, quartz, limestone, dolomite, limestone clinker, basalt, trachy and jingle, if these minerals are suitable for chemical and technological processing or for melting.
(2) Other minerals are non-exclusive minerals.
(3) If doubts arise as to whether any mineral is a mineral reserved or not, the central authority shall decide on this.
Mineral deposits
The mineral deposit (hereinafter referred to as "the bearing ') is the natural accumulation of the mineral; an abandoned roll is considered to be a bearing.
Possession of bearings
(1) All deposits of reserved minerals, as well as those deposits of non-reserved minerals which are suitable for industrial mining (Section 13 (1)), constitute the mineral wealth of our country and are exclusive national property ("exclusive bearing").
(2) Bearing of non-exclusive mineral until it has been decided to be fit for industrial conquest shall be considered as part of the parcel.
Search and survey of bearings and construction of mining enterprises
Search and survey of bearings
(1) Search and survey of bearings is planned, organised and carried out by the State through the organisation of the state socialist sector.
(2) The survey of the bearing shall determine its extent, mineral reserves and their storage conditions and quality, as well as other elements relevant to the extraction of the bearing.
(3) Search and survey of bearings should be carried out in such a way that the search or survey work does not cross and that all the knowledge obtained by earlier searches or surveys is effectively used. For the search and survey of bearings, the knowledge obtained by geological survey, which is carried out for other purposes, shall also be used.
(1) Those who have discovered a bearing of a dedicated mineral outside the framework of a state-organized search must immediately notify the discovery of the bearing to the central authority of the geological body.
(2) Such a bearing explorer receives from the central authority a geological certificate of discovery of the bearing and reward. The amount of remuneration shall be determined by the amount of costs incurred and the extent of work required to discover the bearing and the scientific, technical or economic importance of the discovery.
(1) The search for and survey of deposits in territorial districts of particular importance for State defence may be carried out only with the prior consent of the competent authority of the Ministry of National Defence, after the case of the Ministry of Interior.
(2) Without prejudice to specific regulations and international agreements, according to which in certain protected territories the activity related to the search and exploration of bearings is excluded, restricted or bound to a specific permit (consent).
(1) The exploration of non-reserved mineral deposits may be carried out in addition to the organisations referred to in Section 6 by the owners (users) of the land in which the bearings are located; However, this is only by surface work and only until it has been decided (Paragraph 13 (1)) that the bearing is suitable for industrial quarrying.
(2) Where a survey is carried out by the owner (user) of the land, it shall notify the management authority of the local national committee in advance; the result of the survey shall be notified through that authority to the central authority of the geological body. The other provisions of this Act, with the exception of Section 8, do not apply to such a survey.
Organisations authorised to search for and survey bearings may, while maintaining the procedure set out in Section 11
(a) to carry out searches and exploratory work on non-established land, even if they temporarily restrict property ownership or other property rights;
(b) establish a temporary necessary access route and power supply on foreign land.
(1) Search and survey of bearings is carried out according to the state plan of geological exploration work. Following the establishment of this plan, the organisations to which the search and survey of bearings is to be carried out shall immediately notify the site and time of the work planned and the likely extent thereof of any interference with the rights of owners (users) on whose land the work will be carried out, as well as the actual commencement, interruption and termination of such work to the management body of the local national committee in whose territory the land is situated.
(2) The management authority of the local national committee shall inform without delay the owners of the land (s) of the notification referred to in paragraph 1; its objections or objections it has for reasons of general interest shall be notified to the organisation which notified the planned search or survey of the bearings.
(3) In the absence of an agreement on objections, the dispute shall be decided by the management authority of the District National Committee on the scope and manner of intervention in the rights of owners (users) of immovable property and on objections for reasons of general interest.
(4) The start, interruption and termination of the search and survey work is required to notify the State Mining Administration in advance of the organisation which intends to implement it.
(1) Organisations conducting search and survey of bearings are required
(a) limit the intervention of this to the extent strictly necessary and not cause unnecessary damage to the real estate used;
(b) where possible and economically justified, upon completion of the work to bring the immovable property used to its original state; and
(c) replace the damage caused.
(2) The management authority of the District National Committee decides on the original status of the property used. If no agreement is reached, the court shall decide on the compensation, if there is a dispute between the organisations of the state socialist sector, by the relevant arbitration body.
(1) The central economic authority within whose jurisdiction the extraction of the relevant mineral (hereinafter referred to as the Central Economic Authority) is to decide on the basis of a calculation of the mineral stocks approved under specific regulations by the competent geological authority.
(2) The central economic authority will decide in an agreement with the State Planning Office when it will begin to take over the bearing; it shall also determine which holding will be conquering the bearing.
(3) If the bearing is situated in the territorial area referred to in Paragraph 8 (1), the central economic authority shall decide on the time when the loading of the bearing takes place in agreement with the Ministry of National Defence, in the case of the Ministry of Interior.
(1) The central economic authority, after having been entrusted with it, is required to submit a proposal to the competent management authority of the Regional National Committee to ensure bearing protection.
(2) In order to ensure the protection of the bearing, the management authority of the Regional National Committee shall establish a protected area under the zoning rules.
Mining enterprises construction work
(1) The setting-up of structures, mining works and equipment needed to open and recover the bearing (construction of mining enterprises) is governed by the rules on investment construction. The same applies to the reconstruction of buildings, mining works and equipment already built.
(2) The planning and project preparation of this investment construction must in particular:
(a) ensure the safe and, if possible, complete extraction of minerals from the bearing as well as other industrially conquerable minerals which are in its space;
(b) resolve relations with other nationaleconomic sectors and general interests, not only with regard to the direct consequences of the planned investment construction, but also with regard to the consequences that will be associated with the implementation of the production.
Mining
Basic provisions
(1) Exclusive bearings (§ 5 (1)) are essentially conquered by the State through the organisation of the state socialist sector.
(2) In agreement with the participating central authorities, the central economic authority may delegate the use of the bearing to a folk production cooperative or cooperative organisation undertaking where such a measure is justified by the needs of the national economy; the use of the bearing can also be left to a single agricultural cooperative if the needs of agricultural production or construction so require.
(1) Bearings of non-reserved minerals, until it has been decided that they are suitable for industrial quarrying (Section 13 (1)), may be conquered by surface works by land owners (users); However, single agricultural cooperatives only for their own use or for the needs of cooperatives, for the needs of neighbouring single agricultural cooperatives, and private owners (users) of land for their own use only.
(2) The owner (user) of the land may leave mining of minerals from such a bearing to another person; it is then entitled to conquer from the mineral bearing to the same extent as if it were the owner of the land itself. Private owners (users) of land may not claim compensation for the abandonment of mineral mining, except for the cost of reclamation.
(3) Paragraph 8 shall apply mutatis mutandis to the mining of bearings under paragraphs 1 and 2; the other provisions of the Mining Act shall not apply to them.
(4) If the bearing of an unreserved mineral is to be conquered in an industrial manner, in particular by underground work, it is necessary to comply with Section 13.
Conquering area
(1) For the extraction of the exclusive bearing, the mining plant (§ 16) is defined as the mining area.
(2) The conquest area shall be determined on the basis of the results of the survey of the bearing according to the size, location, shape and power of the bearing, taking into account its supplies and tectonics and taking into account the planned capacity of the mining plant so that the mineral can be made from the bearing as economically as possible. When determining the extraction area, account should also be taken of the acquisition of adjacent deposits and the possible impact of mining on the surface.
(3) The control area may include one or more bearings, or, if appropriate, only part of the bearing due to the size of the bearing; In such a case, the mining spaces on which the bearing is divided shall be adjacent.
The conquest area shall be established for the conquest of certain minerals or groups of minerals, but the conquest right shall include other types of minerals in the conquest area. Only if the separate extraction of another mineral or group of minerals by another mining undertaking is more economical and safe while doing so shall they be provided with a special extraction area.
The mining undertaking shall be set up one, in the case of several mining areas; Where appropriate, separate mining facilities shall be established for each establishment of the same undertaking.
(1) The newly built mining undertakings are to be set up in the process of preparing the investment task.
(2) The control area shall be determined by the central economic authority, in the case of the authority entrusted by it, in an agreement with the State Mining Authority on the draft organisation which prepares the investment task; If another mining area is to be established for a mining undertaking already built, that undertaking shall submit a proposal.
(3) The control area may be changed at any time by the central economic authority, in the case of the authority entrusted with it, in agreement with the State Mining Administration, if such a change contributes to making mining more efficient or more rational use of the bearing.
(4) The central economic authority shall inform the management authority of the Regional National Committee responsible for Territorial Planning of the setting up or amendment of the extraction area.
(1) An additional special conquest space may be provided for in the conquest area only in agreement with the central economic authority in whose field the extraction of minerals has already been established; otherwise Article 21 shall apply mutatis mutandis.
(2) If the operation of a mining undertaking would be jeopardised by the operation in the mining area of another mining undertaking, the State Mining Administration shall, in conjunction with the central economic authorities involved, lay down the necessary measures, in particular the order and method of recovery of the bearings concerned.
(1) In territorial areas which are of particular importance for the defence of the State, the mining area may be established or amended only with the consent of the competent authority of the Ministry of National Defence or the Ministry of Interior.
(2) In territories which are protected under special rules or under interstate agreements (Paragraph 8 (2)), the conquest area may be established only if, following an agreement, such provisions are permitted in the protected territory of the conquest of minerals or associated with them, in agreement with the authorities to which the protection of the relevant protected interests is sought; This also applies to changes in the conquest area.
(3) In the cases referred to in paragraphs 1 and 2, when determining the conquest area, the necessary conquest restrictions or specific technical conditions for its implementation shall be determined at the same time where this is necessary to ensure the relevant protected interests.
The central economic authority, after the authority entrusted with it, shall, in an agreement with the State Mining Administration, abolish the mining area if the extraction of the bearing is permanently stopped, whether for depletion of the bearing or for other reasons.
The boundaries of the mining space on the surface shall be determined by a closed geometric pattern with straight sides whose vertices shall be determined by the coordinates given in the coordinate system in force. Its spatial boundaries below the surface are generally determined by vertical planes passing through surface borders; Exceptionally, they may be determined by natural boundaries consisting of surface tectonic disorders of the bearing.
(1) The State Mining Administration may order the boundaries of the mining area to be marked by the boundary marks on the surface, after the case and in the underground works, in particular where this is necessary in the general interest or with regard to the protected interests of the owners (users) of the property which lie within the boundaries of the mining area, or with regard to the interests of the mining undertakings whose mining premises are adjacent.
(2) The marking of the boundaries of the mining spaces with the location of the marginal marks shall be carried out by mine meters; the costs are borne by the relevant mining undertakings.
(3) Owners (users) of real estate are obliged, without compensation, to suffer from the location of border signs on their land. Otherwise, the provisions governing these issues in the search and survey of bearings apply to interference in the rights of owners (users) of real estate and to compensation for damage caused by marking the boundaries of the mining premises.
(1) The State Mining Administration is responsible for the registration and changes of mining premises.
(2) Third parties may only consult that register if they are provided with the necessary information or extracts if they certify that they need it to carry out their duties or to protect their rights; while ensuring that national and economic secrecy is maintained.
Limitation of changes on land in the quarry
(1) The establishment or extension of permanent structures and other installations not belonging to the operation of a mining undertaking on land situated in the contiguous area, in so far as this would jeopardise or make it difficult for the rational acquisition of the bearing, shall be subject to a decision by the competent authority on the location of the construction site, after a building or other permit, provided that the rules on construction or other activity in the land threatened with the effects of mining and the construction and installation of such adverse effects are not prevented. This also applies to the setting-up of structures and other facilities around the quarrying area if they could be affected by the effects of mining or if it would jeopardise or make it difficult to obtain a rational bearing. The competent authority shall always issue authorisation in agreement with the State Mining Administration.
(2) Where a building closure has been established for a particular territory under the zoning rules due to the expected consequences of mining minerals, the provisions of paragraph 1 shall apply mutatis mutandis, even if a conquest area has not yet been established in that territory.
Authorisation of the mining undertaking
(1) A mining undertaking is entitled to carry out the necessary work in the specified mining area for the purpose of mining, to establish for that purpose within its borders and, if necessary, outside it, to the buildings and operating facilities required to open up the bearing, to take out and to further modify or to treat the extracted minerals, as well as to transport all necessary materials.
(2) The rules on investment construction remain unaffected.
The mining undertaking is also entitled to conduct a detailed survey of the bearings at the borders of its mining area. Paragraph 8, 10 and 11 shall apply mutatis mutandis to this survey.
Obligations of the mining undertaking
(1) The mining undertaking is obliged to conquer in its mining area the minerals for which the mining area has been established.
(2) When a deposit of a dedicated mineral other than that for which a mining area has been established is discovered in the mining area, the mining undertaking is obliged to notify the central authority immediately.
(3) If, following a survey, it is found that the discovered bearing can be conquered and that the extraction of minerals from that bearing by another mining undertaking would be uneconomical, the mining undertaking is obliged to conquer minerals even from that bearing.
(1) The bearing must be completed in an economically justified way so that minerals from the bearing are rationally recovered and properly used for further treatment carried out in the mining undertaking. The conquest must not prevent or impede the conquest of adjacent bearings.
Conquest of the bearing must not be stopped without ensuring that later conquest is technically possible and economically effective, but would require an important interest, particularly in the safety of people's lives or health.
Conflicts of interest
(1) If the intended opening, preparation and extraction or their effects on the surface could be damaged or destroyed by surface objects generally useful, objects and equipment relevant to the implementation of the national economic development plan or protected cultural monuments, or if they could be threatened or otherwise disrupted by drains or water resources used, the mining undertaking may plan such works only if the interest in the planned extraction and rational exploitation of the bearing exceeds the interest in protecting such surface objects, after the water flows or resources. In particular, the approved territorial plans must also be taken into account.
(2) If the conflicts of interest referred to in paragraph 1 have not already been resolved in the planning and project preparation of the construction of the mining undertaking (§ 15), the mining undertaking shall, before including the relevant works in the plans to open, prepare and conquer, agree with the organisation which manages the endangered object or installation, in the case of a government body which is responsible for protecting those interests, and submit the agreement for approval to the competent management authority of the Regional National Committee.
(3) If the agreement is not reached, if the agreement is not approved, the central economic authority shall decide jointly whether the exposed surface object or the water interest is to be protected, to what extent, for the period for which it is to be protected, taking into account the opinion of the Executive Authority of the Regional National Committee.
(1) The mining undertaking is obliged to draw up plans for opening, preparing and capturing and to submit those plans to the State Mining Authority for approval within a specified time limit before the work is planned. The opening, preparation and conquest without an approved plan shall be prohibited.
(2) Opening, preparation and extraction plans must ensure proper extraction of the bearing (§ 32), security of protected objects and interests (§ 23 (3) and § 34), as well as safety of operation (§ 44). If the plan does not comply with these conditions, the State Mining Administration will not approve it.
(3) As regards the security of buildings and interests protected under the provisions of § 34, the State Mining Administration shall proceed in agreement with the competent management authority of the National Committee when approving the plans to open, prepare and conquer, and in the case of objects serving the operation of railway or connections, in agreement with the Transport Authority or the Regional Communications Administration.
(4) The approved plans for opening, preparing and quarrying are binding on the mining undertaking and can only be amended with the approval of the State Mining Administration.
(5) The protective measures to be carried out on a surface object (construction collateral, etc.), after the water flow, shall be determined by the competent management authority of the national committee and shall be taken by the transport administration or regional administration of the connections in agreement with the State Mining Administration.
(1) Prior to the closure of operations in the main mining works or in the quarry, the mining undertaking shall draw up and submit to the State Mining Authority for approval a plan for their securing or disposal. The plan for the completion of land-use modifications for the purpose of reclamation shall be approved by the management authority of the District National Committee.
(2) Paragraph 35 (1), (3) and (4) applies mutatis mutandis.
Common provisions on rights and obligations
(1) Where the term "organisation" is used in this Title, it means the organisation of the state socialist sector, the production cooperatives, the cooperative organisations and the single agricultural cooperatives, where they seek and explore sole bearings or conserving sole bearings, in the case of conquest of the acquired minerals they adjust or cultivate, and organisations which exclusively establish, carry out or dispose of mining works.
(2) In doubt as to whether such an organisation or component thereof, the central economic authority under whose jurisdiction it belongs shall decide in agreement with the Central Mining Authority.
Entry into land, expropriation and water use
The staff of the organisers and other persons authorised by them, which shall be demonstrated by the confirmation of the Executive Authority of the National Committee, may, if necessary, be authorised under special regulations, enter foreign land for the purpose of searching, exploring and capturing the bearing, and carry out inspection and surveillance.
(1) In order to carry out the tasks provided for by this Act, the organisation may acquire both real estate and real estate rights and expropriation; if the property is a national property, the organisation shall obtain the necessary authorisation by transferring the administration.
(2) Expropriation proceedings, the amount, method of determination and payment of compensation for expropriation apply mutatis mutandis to expropriation rules for the construction of municipalities.
(1) Organisation shall be entitled to:
(a) use surface and groundwater under conditions laid down by the competent water management authority;
(b) to use mine water free of charge for own use, as a substitute for those damaged by the loss of water caused by its activities,
(c) to carry out unused mining water and discharge it into surface, after groundwater, if necessary through foreign land; the method and conditions shall be determined by the competent water authority.
(2) All groundwater, surface water and precipitation water which have penetrated the mine areas of deep or surface water, whether or not it has become a leak or gravity from above, subsoil or from the side, or simply through the flow of precipitation water, shall be as follows:
Relations between organisations
(1) If, with regard to the storage conditions of the bearing, economic or operational safety and with regard to the technical and operational conditions of the mining undertaking, it is advisable that a part of the bearing in its mining area be acquired by another mining undertaking immediately adjacent to it, or if it is necessary for the mining undertaking to establish an auxiliary mining work in the mining area of another mining undertaking, both undertakings shall agree on this. This applies mutatis mutandis to relations between mining undertakings and other organisations.
(2) If any of the measures referred to in paragraph 1 are strictly necessary in view of the rational use of the bearing or of the safety of operation, the State Mining Administration shall order them in agreement with the relevant central economic authorities.
Contents
§ 1
HLAVA PRVÁ
§ 2
§ 3
§ 4
HLAVA DRUHÁ
§ 5
HLAVA TŘETÍ
Oddíl 1
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
Oddíl 2
§ 15
HLAVA ČTVRTÁ
Oddíl 1
§ 16
§ 17
Oddíl 2
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
Oddíl 3
§ 28
Oddíl 4
§ 29
§ 30
Oddíl 5
§ 31
§ 32
§ 33
Oddíl 6
§ 34
§ 35
§ 36
HLAVA PÁTÁ
§ 37
Oddíl 1
§ 38
§ 39
§ 40
Oddíl 2
§ 41
§ 42
Oddíl 3
§ 43
Oddíl 4
§ 44
Oddíl 5
§ 45
§ 46
§ 47
§ 48
Oddíl 6
§ 49
§ 50
§ 51
Oddíl 7
§ 52
HLAVA ŠESTÁ
§ 53
§ 54
§ 55
§ 56
§ 57
§ 58
§ 59
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Regulation Information
| Citation | Act No. 41 / 1957 Coll., on the Use of Mineral Wealth (Upper Law) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.08.1957 |
|---|---|
| Effective from | 01.01.1958 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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