Decree No. 428 / 2009 Coll.
Decree on the implementation of certain provisions of the Mining Waste Management Act
Valid
Order
Effective from 01.01.2010
Text versions:
01.01.2010
08.12.2009
428
DECLARATION
of 1 December 2009
on the implementation of certain provisions of the Mining Waste Management Act
The Czech Mining Office provides, pursuant to § 25 (1) for the implementation of § 11 (4), § 13 (4) and § 14 (7) of Act No. 157 / 2009 Coll., on the management of mining waste and on the amendment of certain laws, hereinafter referred to as "the Act":
Subject matter
This decree implements the relevant regulations of the European Community1), and provides for
(a) details of the content of the report on the overall assessment of the storage site and its relevance;
(b) the method of calculating the amount of the reserve of funds for activities related to the management of extractive waste, the timing of its generation and the way in which it is used;
(c) the details and contents of the emergency storage plan and the principles for the prevention of serious accidents.
Details of the content of the report on the overall assessment of the storage site and its details
(Paragraph 11 (4) of the Law)
(1) The report on the overall assessment of the storage site (hereinafter referred to as "the report") contains written and graphical information on the results of the monitoring and the operation of the storage site during the entire reference period from the start of its operation to the date of processing of the report.
(2) The report contains the following elements:
(a) information on the facts relevant for the classification of the storage place in the relevant category under Section 4 of the Act;
(b) information on the operation of the storage site and the compliance of the operation with the approved plan for the management of extractive waste (hereinafter referred to as "the plan") pursuant to Article 5 of the Act, including the fulfilment of the different conditions of the plan;
(c) information on compliance with the individual conditions set out in the authorisation for the operation of the storage site under Article 8 of the Act;
(d) the level of reserves of financialfunds (2), with the status at the date of processing of the report, supported by a statement from the tied account, including an overview of its creation and drawdown since the beginning of the creation of that financial reserve;
(e) an overview of the events referred to in Article 6 (6) or Article 10 (6) and of the procedure referred to in Article 14 (3) of the Act;
(f) information on how to ensure monitoring in accordance with the plan, including the map with the encoded monitoring points;
(g) information on the results of monitoring and checks to ensure protection of air, surface water and groundwater and soil;
(h) information on the type and extent of remediation and reclamation carried out;
(i) a basic mine map, a surface map and at least one cut made up and supplemented by another legislation (3);
(j) the signature of the person responsible pursuant to Article 7 (3) of the Act.
Method of calculating the amount of the reserve of funds for activities related to the management of extractive waste, the timing of its generation and the way in which it is used
(Paragraph 13 (4) of the Act)
(1) The reserve of funds under Section 13 of the Act is created for closure, remediation, including recultivation4) and monitoring of the storage site after the end of its operation, in accordance with the authorisation of its operation under Section 8 of the Act and the authorisation of its closure under Section 10 of the Act.
(2) The calculation of the total amount and time course of the provision of funds referred to in paragraph 1 shall be carried out in such a way that:
(a) all obligations arising from the law and from the authorisation of the operation of the storage site and the authorisation for the termination of its operation, including requirements relating to the period after the closure of the operation until the entry into force of the decision that the storage site is considered to be closed, have been fulfilled;
(b) within a specified period of time determined by the plan and by the authorisation of the operation of the storage site, funds have been made available in a special binding account (2) equal to the necessary financial provisions for the remediation and reclamation of the territory concerned by the operation of the storage site.
(3) In calculating the amount of the reserve of funds, account shall be taken of:
(a) the likely effect of the storage site on the environment and on human health, in particular as regards the quality of the soil, water and permissible values of the polluting substances discharged (5); the categories of storage site, its stability, the characteristics of the stored extractive waste and the future use of the closed storage site shall be considered,
(b) the extent of monitoring and the extent of any technical measures taken during and after the closure of operations, including remediation and reclamation, any measures relating to the restoration of biodiversity, the limitation of environmental damage to meet the requirements referred to in (a);
(c) the temporal distribution of the likely effects referred to in (a) and related measures referred to in (b) to mitigate them;
(d) the level of financial costs required for the measures referred to in (b), including monitoring, assessed by an impartial, independent and competent person (6), which shall also assess the possibility of unplanned or premature closure of the storage site.
(4) The time course of the annual creation of the reserve of funds for each year of storage operation shall be calculated using the formula set out in the Annex to this Order.
(5) Paragraph 37a of the Mining Act applies mutatis mutandis to the procedure for drawing the reserve of funds.
Requirements and contents of the emergency plan
(Paragraph 14 (7) of the Law)
Category storage location emergency plan Even according to § 14 of the Act contains
(a) measures to combat and manage serious accidents and other incidents identified by analysis of the risks of storage operation in order to reduce in particular damage to human health and the environment;
(b) measures to protect human health and the environment from the effects of serious accidents and other incidents;
(c) the extent of information on serious accidents and other incidents and the range of natural and legal persons and public authorities to whom such information must be reported in the event of serious accidents and other incidents;
(d) ensuring rehabilitation, including reclamation and removal of the consequences of a serious accident.
Principles for the prevention of serious accidents
(Paragraph 14 (7) of the Law)
The principles of prevention of major accidents are based on the risk assessment of the storage site for human health and the environment and which the storage operator needs to process (7). As part of the prevention, the storage operator shall assess the system of serious accident reporting and ensure:
(a) the implementation of measures necessary to protect human health and the environment from the effects of major accidents and other incidents on the basis of the established emergency plans;
(b) the provision of the necessary information to the public and to the competent services or authorities in the region concerned.
Efficacy
This Decree shall take effect on 1 January 2010.
Chairman:
Ing. Pígřímek v. r.
Annex to Decree No 428 / 2009 Coll.
Formula for calculating the amount of annual creation of the reserve of funds in each year of storage operation
(a) for storage sites with permanent storage of extractive waste
R = FK × U; or
(b) for storage sites with recovery of extractive waste
R = FJ,
where R is the amount of the annual creation of the reserve of funds (CZK),
F is the total financial cost of the measure under § 3 (3) (d) (CZK),
K is the total storage capacity available (m3),
U is the quantity of permanently stored extractive waste at the storage site in the relevant year (m3),
The planned storage period (years).
1) Directive 2006 / 21 / EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from the extractive industries and amending Directive 2004 / 35 / EC. Commission Decision 2009 / 335 / EC of 20 April 2009 on technical guidelines for a financial guarantee in accordance with Directive 2006 / 21 / EC of the European Parliament and of the Council on the management of waste from the extractive industries.
2) § 37a of Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Mining Act), as amended.
3) Decree No. 435 / 1992 Coll., on the metering documentation of mining activities and certain activities carried out in a mining way, as amended.
4) Paragraph 31 (5) of 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. 168 / 1993 Coll. and Act No. 157 / 2009 Coll.
5) For example, Act No. 334 / 1992 Coll., on the Protection of the Agricultural Soil Fund, as amended, Act No. 289 / 1995 Coll., on Forests and on the Amendment and Addition of Certain Laws (Forest Act), as amended, Act No. 254 / 2001 Coll., on Water and the Amendment of Certain Laws (Water Act), as amended, Act No. 86 / 2002 Coll., on Air Protection and on the Amendment of Certain Other Laws (Air Protection Act), as amended.
6) Paragraph 2 (1) (e) of Decree No. 298 / 2005 Coll., on requirements for professional qualifications and competence in mining or mining activities and amending certain legislation.
7) For example, § 14 of Act No. 167 / 2008 Coll., on the prevention and correction of environmental damage and on the amendment of certain laws, § 4 (2) and § 14 (3) of Act No. 157 / 2009 Coll., on the management of mining waste and on the amendment of certain laws.
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Regulation Information
| Citation | Decree No. 428 / 2009 Coll., on the implementation of certain provisions of the Mining Waste Management Act |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.12.2009 |
|---|---|
| Effective from | 01.01.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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