What is Full text of Act No. 439 / 1992 Coll.?

Full text of Act No. 439 / 1992 Coll., Act on the Protection and Use of Mineral Wealth (Mining Act) - (Full text with effect for the Czech Republic, as is apparent from amendments and additions made by the Act of the Czech National Council No. 541 / 1991 Coll.) — Act on the Protection and Use of Mineral Wealth (Upper Act) - (full text with effect for the Czech Republic, as it results from amendments and additions made by the Act of the Czech National Council No. 541 / 1991 Coll.).

When it became Full text of Act No. 439 / 1992 Coll. effectiveness?

Full text of Act No. 439 / 1992 Coll. became effective date not available.

Is Full text of Act No. 439 / 1992 Coll. still valid?

Yes, Full text of Act No. 439 / 1992 Coll. is still valid and effective.

Full text of Act No. 439 / 1992 Coll. - Act on the Protection and Use of Mineral...

439

PRESIDENT OF THE CZECH NATIONAL COUNCIL

Announces

with effect from the Czech Republic the full text of Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Upper Act), with amendments and additions implemented by the Act of the Czech National Council No. 541 / 1991 Coll.

THE LAW

on the protection and exploitation of mineral assets (upper law)

The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:

ČÁST PRVNÍ

BASIC PROVISIONS

§ 1

Preliminary provisions

The purpose of this Act is to lay down the principles of the protection and economic exploitation of mineral resources, in particular in the search and exploration, opening, preparation and quarrying of mineral deposits, the treatment and processing of minerals carried out in connection with their conquest, as well as the safety of operation and environmental protection in such activities.

§ 2

Minerals

(1) According to this Act, solid, liquid and gaseous parts of the earth's crust are regarded as minerals.

(2) Under this law, minerals are not considered to be

(a) waters other than mineralised waters from which reserved minerals may be obtained by industry;

(b) natural medicinal waters and natural table mineral waters, even if they may be used for the industrial extraction of reserved minerals, as well as medicinal mud and other products of natural medical resources;

(c) peat,

(d) mud, sand, gravel and boulders in watercourses, unless they contain reserved minerals in conquest quantities;

(e) a cultural layer of soil, which is a vegetation environment.

§ 3

Distribution of minerals into reserved and unreserved minerals

(1) Excluded minerals are

(a) radioactive minerals;

(b) all types of coal, oil and flammable natural gas and bituminose rock;

(c) minerals from which metals can be industrially produced;

(d) magnesite,

(e) minerals from which phosphorus, sulphur and fluorine may be manufactured or compounds thereof,

(f) stone salt, potassium, boron, bromine and iodine salts,

(g) solids, barium, asbestos, mica, talc, diatomite, glass and foundry sand, mineral dyes, bentonite,

(h) minerals from which rare earth elements and semiconductor properties can be industrially produced;

(i) granite, granodiorite, diorite, gabro, diabas, snake, dolomite and limestone if they are block-conquerable and polished and travertine;

j) technically usable mineral crystals and precious stones;

k) Halloween, kaolin, ceramic and refractory clays and clays, gypsum, anhydrite, feldspar, perlite and zeolite,

(l) quartz, quartz, limestone, dolomite, mink, basalt, jingle, trachy, if these minerals are suitable for chemical or technological processing by melting;

(m) mineralised waters from which reserved minerals may be obtained by industry;

(n) technically usable natural gases unless they are among the gases referred to in (b).

(2) Other minerals are non-exclusive.

(3) In doubt whether any mineral is a mineral reserved or not, the Ministry of Economic Policy and Development of the Czech Republic will decide in agreement with the Ministry of the Environment of the Czech Republic.

§ 4

Mineral deposits

Mineral deposits under this Act (hereinafter referred to as the "bearing ') are natural accumulation of minerals, as well as a base in a deep mine, abandoned by draught, hopper or draught that originated from mining activity (1) and contain minerals.

§ 5

Mineral wealth

(1) The mineral wealth under this Act consists of deposits of reserved minerals ("exclusive deposits").

(2) The mineral wealth of the Czech Republic is owned by the Czech Republic.

§ 5a

Organisation

Legal and natural persons who, in the course of business activity (2), carry out searches, surveys or acquisitions of exclusive bearings or other mining activities, subject to the conditions laid down by the legislation, shall be considered to be organisations under this law.

§ 6

Exclusive bearing

(1) The Ministry of Economic Policy and Development of the Czech Republic shall issue a certificate of exclusive bearing if a dedicated mineral is found in quantity and quality that allows it to be reasonably expected to accumulate.

(2) Certificate of the exclusive bearing will be sent by the Ministry of Economic Policy and Development of the Czech Republic to the Ministry of the Environment of the Czech Republic, the Regional Mining Office, the zoning authority, the construction office and the organisation for which the search or exploration of the exclusive bearing was carried out.3)

§ 7

Bearing of non-reserved minerals

The deposit of an unreserved mineral is part of the property.

ČÁST DRUHÁ

OBLIGATIONS OF THE ORGANISATION IN THE USE OF THE EXPOSURES

§ 8

If the exclusive bearing is not conquered after the end of the search and survey, the legal person will ensure its protection and registration, which will be entrusted by the Ministry of Economic Policy and Development of the Czech Republic (§ 17 (2)).

§ 9

repealed

§ 10

The organisation shall:

(a) propose the establishment, modification or, where appropriate, the abolition of a protected bearing area;

(b) maintain a metering and geological documentation;

(c) register the stocks of the exclusive bearing and its changes;

(d) address in due time conflicts of interest in determining the conquest area and in the planned opener, preparing and capturing the exclusive bearing, in particular in order to reduce adverse environmental effects;

(e) propose the establishment, modification or cancellation of the conquest area, where appropriate;

(f) register the roughness and pollution during the extraction of the exclusive bearing and the results obtained in the treatment and processing of minerals carried out in connection with their conquest;

g) care for the protection of the exclusive bearing;

(h) to fulfil other obligations laid down by this law and other generally binding legislation.

ČÁST TŘETÍ

ELIGIBLE SURVEILLANCE AND EMPLOYMENT

§ 11

Search and survey of exclusive bearings

(1) The search and survey of exclusive bearings may be carried out by organisations within the territory, scope and time specified in the authorisation issued under the specific regulation.3)

(2) When searching for and exploring exclusive bearings, organisations are obliged to protect and use mineral resources economically

(a) verify the exclusive bearing in such a way as to detect and evaluate all usable minerals of the bearing and its utility components;

b) verify the development and storage conditions of the exclusive bearing in such a way that the construction of mines and quarries, opening, preparing and capturing the exclusive bearing can be designed and carried out according to the principles of mining technology and to ensure a rational use of the stocks of the exclusive bearing;

(c) use methods and procedures to prevent the use of an exclusive bearing or part of it from being prevented or made difficult and to avoid unjustified losses in the stocks of the exclusive bearing;

d) to identify the facts needed to assess the possible effects of the use of the exclusive bearing on other bearings, water and other natural resources, on the environment and on other legally protected general interests;

(e) in the event of an interruption of the search or survey, to implement measures to ensure that mining works are not thwarted and that further exploration and exploitation of the exclusive bearing is not made difficult.

(3) The organisation is entitled to handle minerals obtained in the search and exploration of exclusive bearings within the scope and under the conditions laid down in the permit issued under the specific regulation.3)

(4) An organisation which has established a territory for the search and exploration of an exclusive bearing shall pay an annual remuneration from that territory in accordance with the special regulation.3)

(5) The implementation of geological work is governed by specific regulations.3)

(6) The Ministry of Economic Policy and Development of the Czech Republic, in agreement with the Ministry of the Environment of the Czech Republic and with the Czech Mining Office, provides in more detail a procedure for searching for and exploring exclusive deposits for the protection and economical use of mineral resources.

§ 12

Notification of natural accumulation of dedicated mineral

Anyone who discovers outside the authorised search (§ 11) the natural accumulation of a dedicated mineral is obliged to notify the Ministry of Economic Policy and Development of the Czech Republic immediately.

§ 13

Stocks of the exclusive bearing and conditions of its usability

(1) Stocks of the exclusive bearing are determined and verified quantities of the reserved minerals of the bearing or part thereof, corresponding to the conditions of usability, regardless of the losses in its conquest.

(2) The conditions for the utilisation of stocks are the basis for calculating the stocks of the exclusive bearing. The conditions for the use of stocks are a set of indicators of quantity, quality of minerals, geological, mining, technical, ecological and other indicators to assess the suitability of stocks of exclusive bearings for use.

§ 14

Classification of stocks of exclusive bearings, assessment and approval of the calculation of stocks of exclusive bearings

(1) The results of the search and survey of the exclusive bearing are evaluated. The evaluation shall include the calculation of the stocks provided by the organisation.

(2) Stocks of the exclusive bearing are classified in the stock calculations

(a) according to the degree of exploration of the exclusive bearing and knowledge of its storage conditions or part thereof, of the quality and technological properties of minerals and of the mining-technical conditions for the stocks sought and the stocks examined. If the exclusive bearing contains several commercial components, their stocks shall be classified according to their degree of exploration and knowledge,

(b) under the conditions of availability for balance-sheet stocks which are available at present and comply with the current technical and economic conditions for the use of the exclusive bearing and stocks which are not available at the moment because they do not comply with the current technical and economic conditions for use but which are available in the future, taking into account expected technical and economic developments;

(c) according to the acceptability of conquest, which is conditional on conquest technology, safety of operation and established safety pillars, free and bound. Bound stocks are stocks in the protection pillars of surface and underground structures, installations and mining works as well as in the pillars set out to ensure the safety of operation and the protection of protected interests. Other supplies are available.

In the calculation of the stocks included in the proposal for the authorisation of mining activities (§ 24 (1)), the organisation shall indicate the stocks it plans for extraction (hereinafter referred to as "extractable stocks'). Extractable stocks are balance sheet stocks, reduced by the value of anticipated mining losses associated with the selected conquest technology or the influence of natural conditions.

(3) The organisation shall provide for the calculation of the stocks of the exclusive bearing and its assessment. The calculation of stocks of the exclusive bearing with assessment is sent by the organization to the Ministry of Economic Policy and Development of the Czech Republic and the Regional Mining Office.

(4) The classification of stocks and the procedure for calculating stocks of exclusive bearings and the necessity of the calculation will be further adapted by the Ministry of Economic Policy and Development of the Czech Republic by a general binding legislation.

§ 14a

Deduction of stocks of exclusive bearings

(1) The depreciation of stocks of exclusive bearings means their exemption from stock records or their transfer from balance sheet stocks to non-balance sheet stocks.

(2) Stocks of the exclusive bearing can be written off

(a) on grounds of particularly complex technical, safety or geological circumstances related to natural conditions or unforeseen events;

(b) if the stocks of part of the exclusive bearing are not economically effective,

(c) where stocks are concerned, the procurement of which would jeopardise the general interests of the law, in particular the protection of the environment and the importance of the protection outweighs the interest in the recovery of such stocks.

(3) Non-balance sheet stocks of the exclusive bearing may be written off if they are not expected to be used in the future.

(4) Changes in stock levels caused by the exclusive bearing are not considered as a reason to write off stocks of the exclusive bearing.

(a) by supplementing and clarifying the existing knowledge of the development of the bearing and its stocks by exploration and new knowledge found by opening, preparing and capturing; evidence of geological documentation (§ 39),

(b) the acquisition of stocks; evidence of geological documentation and mining records,

(c) extractive losses involving unobtained stocks in the occupied part of the bearing and not written off, and mineral materials exported with noise to or from the discharge; evidence of geological documentation and mining records,

(d) re-evaluation of stocks under new conditions of usability, new approved calculation of stocks or by binding or, where appropriate, by releasing stocks; they are demonstrated by the establishment of new conditions of usability with appropriate reassessment of stocks or the approval of a new calculation of stocks or, where appropriate, by a decision to bind or release stocks;

(e) by surrender or acceptance of the bearing; evidence of the transfer of the exclusive bearing or part thereof.

§ 14b

Design to write off stocks of exclusive bearing

(1) If the organisation finds, in the processing of documentation for the construction of a mine or quarry, a plan to open, prepare and conquer an exclusive bearing, a plan to secure mining works and quarries, or to dispose of the main mining works and quarries, 4), as well as their implementation, that it is not possible or appropriate to extract stocks for the reasons set out in Section 14a (2), it shall submit a proposal for their write-off.

(2) The proposal to write off the stocks of the exclusive bearing is also submitted by the appropriate authorities in the environmental sector. The organisation shall ensure the completeness of the proposal to write off the stocks of the exclusive bearing.

(3) The proposal to write off the stocks of the exclusive bearing contains:

(a) the name and address of the organisation;

(b) the quantities of balance sheet and non-balance sheet stocks proposed for depreciation by stock blocks and categories, their qualitative characteristics and the proposal to exclude them from stock records or to transfer balance sheet stocks to non-balance sheet stocks;

(c) the reasons for which stocks are proposed for depreciation;

(d) maps and sections with clearly marked parts of the bearing in which depreciation of stocks is proposed, in four copies;

(e) further graphic and written evidence of the bearing and stocks proposed for write-off needed to justify the proposal in more detail;

(f) the opinion of the Regional Mining Authority and the Territorial Authorities of the Ministry of the Environment of the Czech Republic.

§ 14c

Decision on depreciation of stocks of the exclusive bearing

(1) The proposal to write off the stocks of the exclusive bearing is decided by the Ministry of Economic Policy and Development of the Czech Republic during the period of searching and exploration of the exclusive bearing with the agreement of the Ministry of the Environment of the Czech Republic; in the period of the construction of mines and quarries and in the mining of the exclusive bearing, the Ministry of Economic Policy and Development of the Czech Republic decides on the depreciation after consulting the Czech Mining Office.

(2) A proposal to write off small quantities of stocks of the exclusive bearing is decided by the District Mining Office. A small quantity of stocks shall mean a quantity of stocks not exceeding a total of 5% of the planned annual production on the bearing in the calendar year, but not exceeding 100 000 tonnes or 50 000 m3 in the case of natural gas.

(3) The decision to write off stocks of the exclusive bearing contains:

(a) the quantity of stocks depreciation, their local destination and the brief justification for depreciation;

(b) a decision as to whether the depreciation stocks are excluded from stock records or transferred from balance sheet stocks to non-balance sheet stocks;

(c) measures for the protection of stocks transferred from balance sheet stocks to non-balance sheet stocks, taking into account the possibility of subsequent use.

(4) The proposal to write off stocks of the exclusive bearing shall be decided by the authorities referred to in paragraphs 1 and 2 within one month of the date of submission of the proposal.

(5) The decision to write off the stocks of the exclusive bearing with one copy of the documents referred to in Section 14b will be sent by the Ministry of Economic Policy and Development of the Czech Republic to the promoter and the district mining office; the decision to write off small quantities of stocks will also be sent by the District Mining Office to the Ministry of Economic Policy and Development of the Czech Republic. Approved depreciation of stocks of the exclusive bearing shall be indicated by the designer in the metering and geological documentation.

(6) An organisation proposing a write-off of the stocks of the exclusive bearing must not dispose of the technical equipment necessary to obtain and withdraw access to the stocks proposed for write-off until it has received a write-off decision, except where the safety of operation and health at work so require.

ČÁST ČTVRTÁ

_

§ 15

Securing the protection of mineral wealth in land planning activities

(1) In order to ensure the timely protection of mineral wealth, the authorities of the Czech Republic and the Ministry of the Environment of the Czech Republic are required to base their territorial planning documentation on evidence of identified and anticipated exclusive deposits provided to them by the Ministry of Economic Policy and Development of the Czech Republic and the Ministry of the Environment of the Czech Republic, in doing so according to the Specific Regulations (3) and are obliged to propose a solution which is most advantageous in terms of the protection and use of mineral wealth and other law-protected general interests.

(2) Proposals for land planning documentation of large territorial units, local departments and zones will be discussed with the Ministry of the Environment of the Czech Republic, the Ministry of Economic Policy and Development of the Czech Republic and the Regional Mining Authority during the process of the design of the solution. Such proposals shall be agreed in accordance with specific rules before approval. 6)

§ 16

Protected bearing areas

(1) Protection of the exclusive bearing against the impossibility or difficulty of its conquest is ensured by the establishment of a protected bearing area.

(2) The protected bearing area includes the territory in which construction and equipment not related to the extraction of the exclusive bearing could make it impossible or difficult to conquer the exclusive bearing.

(3) For the deposit of a dedicated mineral, a protected bearing area shall be established during the search or survey period after the issuance of the exclusive bearing certificate (§ 6).

§ 17

Determination of protected bearing area

(1) The Protected Postage Territory is determined by the Ministry of the Environment of the Czech Republic by a decision taken in cooperation with the Ministry of Economic Policy and Development of the Czech Republic, the Regional Mining Office and in agreement with the zoning authority and the construction office.

(2) The procedure for establishing a protected bearing area shall be initiated on a proposal from an organisation or at the initiative of a public authority. The proposal shall be supported by a certificate of exclusive bearing and a design of the boundaries of the protected bearing area.

(3) The applicant is a party to the procedure for determining the protected bearing area. The Ministry of the Environment of the Czech Republic will notify the authorities concerned of the opening of the procedure, the zoning authority and the construction office. The Ministry of the Environment of the Czech Republic will order oral meetings associated with the local inquiry, if necessary, while at the same time pointing out that the opinions of the above authorities and comments and suggestions of the participant may be applied at the latest at oral hearing, otherwise the Ministry of the Environment of the Czech Republic may not take them into account. If one of the above authorities needs longer time to properly assess, the Ministry of the Environment of the Czech Republic shall, at its request, extend the deadline set before its expiry accordingly.

(4) In the procedure for establishing a protected bearing area, the Ministry of the Environment of the Czech Republic shall examine the design and supporting documents in terms of the requirements for the protection of the exclusive bearing, ensure the views of the authorities referred to in paragraph 3 and consider the comments and suggestions of the participant.

(5) The border of the protected bearing area is indicated in the planning documentation.

(6) The Ministry of the Environment of the Czech Republic will abolish the protected bearing area if the reasons for the protection of the exclusive bearing have ceased.

(7) The provisions of paragraphs 1 to 5 apply mutatis mutandis to the modification and cancellation of the protected bearing area.

(8) Details of the determination, modification and cancellation of the protected bearing area and its registration are provided by the Ministry of the Environment of the Czech Republic by a general binding legislation.

§ 18

Restrictions on certain activities in the protected bearing area

(1) In the interests of the protection of mineral assets, construction and equipment not related to the conquest of the exclusive bearing may not be established in the protected bearing area unless consent has been given under this law.

(2) If it is necessary to place a construction or installation not related to the conquest of an exclusive bearing in a protected bearing area in the legally protected general interest, care must be taken to disrupt the least use of mineral resources. It is only possible to prevent or impede the extraction of exclusive mineral deposits referred to in § 3 (1) (a) to (d) if it is a particularly important construction or installation, or if only a small quantity of stocks of the exclusive bearing are made difficult or impossible by construction or equipment.

§ 19

Authorisation of structures and installations in protected bearing area

(1) The authorisation of structures and equipment in a protected bearing area which is not related to conquest may be issued by the competent authority in accordance with special regulations (7) only with the consent of the Ministry of the Environment of the Czech Republic, issued after consultation with the Regional Mining Authority.

(2) The consent of the Ministry of the Environment of the Czech Republic pursuant to paragraph 1 shall be sought by the authority responsible for authorising the construction and installation. The application for approval of the construction and installation shall be supported by an expression of the organisation together with the design of the conditions of protection of the exclusive bearing.

ČÁST PÁTÁ

cancelled

ČÁST ŠESTÁ

EXHIBITION OF DOLLARS AND LOMS

§ 23

Design, construction and reconstruction of mines and quarries

(1) General rules on investment construction apply to the design, construction, or reconstruction of mines and quarries, including ditches, drains and drains, unless otherwise provided by this law.

(2) The documentation of the buildings referred to in paragraph 1 shall, in addition to the formalities laid down in the general rules:

(a) the economical use of exclusive bearings;

(b) the optimal distribution of surface and underground equipment, structures and mining works and the use of the most appropriate conquest methods;

(c) the storage and storage of recovered and temporarily unused minerals and the disposal of waste (drains, quarries and foundry);

(d) protection against destruction or destruction of stocks of adjacent exclusive bearings;

(e) safety of operations and safety and health at work, securing of mining works, ventilation, pumping and drainage of mining waters, protection against explosions, drains, fires and shocks, as well as against rock, coal and gas tears;

(f) reducing adverse effects on the environment;

(g) a comprehensive solution to the territory affected by the mining activity, in particular to the relations with other nationaleconomic sectors, property owners and legally protected general interests, (8) not only in terms of the direct consequences of the planned investment construction, but also in terms of the consequences associated with the use of the exclusive bearing, indicating the objects and equipment for which compensation must be planned;

(h) specifying the stocks of the exclusive bearing by the necessary survey.

(3) Mining works and mining works below the surface are authorised by the State Mining Administration of the Republic.

(4) The authority of the State Mining Administration of the Republic also authorises mining structures serving the opener, preparation or extraction of the exclusive bearing in quarries and shelters within the boundaries of the delineated lines of actual hiding or excavation carried out, or in the territory exposed to the direct effects of mining, unless the land has been reclamated.

(5) The mining works and structures referred to in paragraphs 3 and 4 are authorised by the State Mining Administration of the Republic as a general rule in the framework of the authorisation of the opening, preparation and quarrying of the exclusive bearing.

(6) The authorisation and use of explosives storage facilities are governed by specific regulations. 9)

ČÁST SEDMÁ

COMPETITION OF EXPOSURES

§ 24

Authorisation to conquer the exclusive bearing

(1) The approval of the organisation for the extraction of the exclusive bearing is due to the setting of the conquest space. However, the organisation may not begin to conquer the exclusive bearing in the specified conquest space until the permit has been issued by the district mining authority. 4)

(2) The organisation must have the prior approval of the Ministry of Economic Policy and Development of the Czech Republic to submit a proposal for the establishment of a mining area. The prior consent of the Ministry of Economic Policy and Development of the Czech Republic may be linked to the fulfilment of the conditions relating to the creation of a single raw material policy of the Czech Republic. These conditions shall be specified in the decision on the determination of the conquest area.

(3) The priority in obtaining prior consent to determine the mining area is the organisation for which the exploration of the exclusive bearing was carried out or which was financially involved in the exploration 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 permit for geological works for searching and exploring the exclusive bearing, at the Ministry of Economic Policy and Development of the Czech Republic.

Citation	Full text of Act No. 439 / 1992 Coll., Act on the Protection and Use of Mineral Wealth (Mining Act) - (Full text with effect for the Czech Republic, as is apparent from amendments and additions made by the Act of the Czech National Council No. 541 / 1991 Coll.)
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	14.09.1992
Effective from	-
Effective until	-
Status	Valid

Full text of Act No. 439 / 1992 Coll.

Act on the Protection and Use of Mineral Wealth (Upper Act) - (full text with effect for the Czech Republic, as it results from amendments and additions made by the Act of the Czech National Council No. 541 / 1991 Coll.)

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