Act No. 53 / 2024 Coll.
Law on procedures related to deep-sea storage of radioactive waste
Valid
Law
Effective from 01.07.2024
Text versions:
01.07.2024
07.03.2024
53
THE LAW
of 6 February 2024
on procedures related to deep-sea radioactive waste storage
Parliament has decided on this law of the Czech Republic:
Subject matter
This Act provides for certain specific procedures for the preparation, construction and operation of deep-sea radioactive waste storage (hereinafter referred to as "deep-sea storage") and the way in which they ensure respect for the interests of the communities to which the contribution from the nuclear account is due pursuant to Paragraph 117 (1) of the Nuclear Act and their citizens.
Deep storage
A deep storage site shall be a nuclear installation used for the permanent storage of radioactive waste at least 300 m below the ground surface so that its location complies with the nuclear safety conditions for the storage of high-activity waste.
Specific provisions concerning the procedure for establishing the exploratory territory for special intervention in the crust
(1) The procedure for establishing the exploratory site for special intervention in the earth's crust shall apply in the proceedings for the purpose of deep-sea storage, unless otherwise provided for in the Law on Geological Works, to determine the exploratory site for the exploration or exploration of reserved mineral deposits.
(2) In the procedure for the establishment of an exploratory area for special intervention in the crust referred to in paragraph 1, the Ministry of the Environment shall order oral proceedings in the municipality in whose territory the exploratory territory or part thereof is to be located. If there are more than one municipality, the Ministry of the Environment will order oral negotiations in any of them.
(3) The oral hearing shall be held not earlier than 30 days after the date of the initiation of the procedure.
(4) The municipality in whose territory the exploratory territory or part thereof is to be located may ask the Ministry of the Environment to extend the deadline for comments and proposals. In such a case, the Ministry of the Environment shall extend the deadline accordingly.
Selection of deep storage location
(1) The management of radioactive waste storage sites shall submit to the Ministry of Industry and Trade a proposal for the selection of the main and backup location of the deep-sea storage site (hereinafter referred to as the "proposal for the selection of the location of the deep-sea storage site"), together with a decision on the determination of the exploratory area for special intervention in the earth's crust. The proposal to select the location of a deep-water storage site shall include the justification and calculation of contributions from the nuclear account under Section 117 of the Atomic Act.
(2) Ministry of Industry and Trade
(a) request the municipality in whose territory the main or secondary underground repository (hereinafter referred to as the "municipality") is to be located, to comment on the proposal to select the location of the deep storage site within 140 days of the date of receipt of the request from the Ministry of Industry and Trade; the statement by the municipality concerned on the proposal to select the location of the deep-water storage site, if provided within that period, shall be the basis for determining the location of the deep-sea storage site by the government referred to in paragraph 3;
(b) carry out an evaluation of the proposal for the selection of the location of the deep-water storage site, in line with the national energy concept, the management of radioactive waste and spent nuclear fuel in the Czech Republic, the territorial planning documentation and the protection of public interests;
(c) discuss the proposal for the selection of the location of the deep-water storage site, the observations of the municipality concerned on the design of the selection of the location of the deep-water storage site submitted within the time limit referred to in (a) and the evaluation of the design of the selection of the location of the deep-water storage site referred to in (b) with the Radioactive Waste Storage Management System;
(d) send an opinion to the municipality concerned on its observations as referred to in (a) within 90 days of receipt of such observations;
(e) discuss the proposal to select the location of a deep-sea storage site with the Ministry of the Environment; the statement of the Ministry of the Environment is the basis for determining the location of the deep-water storage site by the government pursuant to paragraph 3;
(f) discuss the proposal for the location of a deep-water storage site with the citizens of the municipalities concerned, within the territory of one of them, and allow them to comment on the proposal for the selection of the location of a deep-water storage site, together with an assessment of the design of the selection of the location of the deep-water storage site referred to in point (b), by expressing the municipality concerned on the selection of the location of the deep-water storage site submitted within the time limit referred to in point (a), by the Ministry of the Environment referred to in point (e) at the latest at the oral hearing; the opinion on the expression of the citizens of the municipalities concerned, prepared by the Ministry of Industry and Trade, is the basis for determining the location of the deep-water storage site by the government in accordance with paragraph 3;
(g) submit a proposal for the selection of the location of the deep-water storage site, together with an assessment of the design of the selection of the location of the deep-water storage site referred to in point (b) and a statement by the Ministry of the Environment referred to in point (e) of the proposal for the selection of the location of the deep-water storage site referred to in point (b), and an opinion by the Ministry of Industry and Trade on the expression of the citizens of the municipalities concerned referred to in point (f) to the Government for consideration.
(3) By a resolution, the Government will determine the main and backup location of the deep-sea storage site and may determine the contributions to the municipalities concerned in excess of the contributions under the atomic law; it is based on the design of the selection of the location of the deep storage site and other materials submitted by the Ministry of Industry and Trade. The legal effects of a government resolution under the first sentence shall occur immediately after the expiry of the period referred to in paragraph 4.
(4) The Government shall submit the resolution referred to in paragraph 3 to the two chambers of Parliament without delay after its adoption; A resolution cannot be tabled to the Chamber of Deputies 4 months before the end of its term of office. Should the resolution referred to in paragraph 3 not be submitted to the Chamber of Deputies for the reasons set out in the first sentence or if the Chamber of Deputies has been dissolved within the time limit set out in the second sentence, the Government shall submit the resolution referred to in paragraph 3 to the newly elected Chamber of Deputies immediately after its constituent meeting. By the expiry of a period of 180 days from the receipt of a resolution by the Government of each Chamber of Parliament, the resolution is effective.
Specific provisions on the procedure for the establishment of a protected area for special intervention in the crust
(1) An upper law shall apply in proceedings involving deep-sea storage in order to determine a protected area for special intervention in the crust unless otherwise provided for in that law.
(2) The municipality concerned shall also be a party to the proceedings for the establishment of a protected area for special intervention in the crust referred to in paragraph 1.
(3) In the procedure for the establishment of a protected area for special intervention in the crust referred to in paragraph 1, the Ministry of the Environment shall order oral proceedings to be held not earlier than 30 days after the date of the initiation of the procedure.
(4) The municipality concerned may request the Ministry of the Environment to extend the deadline for comments and proposals. In such a case, the Ministry of the Environment shall extend the deadline accordingly.
Specific provisions concerning the procedure for authorising mining activities involving special intervention in the earth's crust
(1) In proceedings involving deep-sea storage, the Mining Act on Mining Activities, Explosives and State Mining Administration and the Mining Act and the Mining Act shall apply when authorising mining activities consisting of special interference with the Earth's crust, unless otherwise provided for by that Act.
(2) The Circular Mining Authority shall notify the opening of the mine permit procedure referred to in paragraph 1 to the authorities concerned and to the parties at the latest 30 days before the date of the oral hearing or, where appropriate, the local inquiry.
(3) The municipality concerned may request the district mining authority to extend the deadline for comments and proposals. In such a case, the Circular Mining Authority shall extend the deadline accordingly.
Specific provisions on nuclear law procedures
(1) In the proceedings involving deep-sea storage, atomic law shall apply to the issue of a permit for the placing, construction, entry into service, operation, implementation of a change affecting nuclear safety, technical safety and physical protection and the implementation of reconstruction or other changes affecting radiation protection, monitoring of the radiation situation and management of a radiological emergency, unless otherwise provided for in this law.
(2) The municipality concerned may comment on the content of the published part of the documentation for the authorised activity within 90 days of the date of receipt of the applicant's call for authorisation to place a deep-sea repository. An application for authorisation to place a deep-water storage site shall also include the observations of the municipality concerned, provided that the municipality concerned has provided the observations within the period specified in the first sentence. In such a case, the statement of the municipality concerned is the basis of the decision on the authorisation to place a deep-sea storage site and will be dealt with by the State Nuclear Safety Authority in its justification.
Relationship with the public
(1) The municipality concerned shall ensure that the interests of its citizens are respected in the preparation, construction and operation of the underground storage site. The municipality concerned shall publish, after the initiation of the procedure provided for in Articles 3 and 5 to 7, information on these proceedings for at least 90 days on the official record and, where appropriate, in the usual place, and shall allow citizens of the municipality to express themselves in the usual place. The expression of the citizens of the municipality shall be taken into account by the municipality when performing and acting in the context of the proceedings and procedures under this law.
(2) The competent administrative authority shall inform the public of the initiation of proceedings pursuant to Articles 3 and 5 to 7 on its website.
(3) The competent administrative authority shall publish on its website a final decision by which it has decided on the case or suspended the proceedings in accordance with Articles 3 or 5 to 7.
(4) The management of radioactive waste storage sites shall keep the public informed of the current processes for the preparation, construction and operation of deep-sea storage on its website.
(5) For the communication and involvement of the local authorities concerned in the process of preparing the construction and operation of a deep-sea storage site, the Ministry of Industry and Trade, in cooperation with the Administration of Radioactive Waste Storage, establishes a working group.
Transitional provisions
(1) The procedure for the establishment of an exploratory territory for special intervention in the Earth's crust, the object of which is a deep-sea repository which has not been definitively terminated before the date of entry into force of this Act, shall be completed in accordance with existing legislation.
(2) The exploratory territories for the special intervention of the Earth's crust, the object of which is a deep-sea repository, established before the date of entry into force of this Act, shall be considered as exploratory territories for the special intervention of the Earth's crust under this Act.
Efficacy
This Act shall take effect on 1 January 2024.
Pekarová Adamová v. r.
Pavel v. r.
Fiala v. r.
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Regulation Information
| Citation | Act No. 53 / 2024 Coll., on procedures related to deep-water storage of radioactive waste |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.03.2024 |
|---|---|
| Effective from | 01.07.2024 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Environment
Parliamentary Paper:
Paper No. 367
The regulation text is for informational purposes only.
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