Act of the Czech National Council No. 62 / 1988 Coll.
Act of the Czech National Council on Geological Works
Valid
Effective from 01.07.1988
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62
THE LAW
Czech National Council
of 21 April 1988
on geological work
The Czech National Council decided on this law:
BASIC PROVISIONS
Subject matter
This law implements the relevant provisions of the European Union20 and regulates the conditions for the design, implementation and evaluation of geological works, their control and sanctions.
Geological work
(1) Geological works under this Act means geological research and geological exploration in the Czech Republic, which includes:
(a) examining, evaluating, documenting and displaying the development and composition of the geological construction of the territory and its laws;
(b) searching for and exploring mineral deposits, verifying their stocks and processing geological materials for their use and protection;
(c) searching for and exploring groundwater resources, including natural waters of medicinal, table mineral and thermal waters, verifying their usable stocks, examining the negative effects on their quality and quantity, as well as the processing of geological materials for their use and protection;
(d) the identification and verification of engineering geological and hydrogeological conditions of the territory, in particular for the purpose of spatial planning, documentation and implementation of structures, including stabilisation of landslides;
(e) detection and verification of geological conditions for the establishment, operation and disposal of gas, liquid and waste storage facilities in rock and underground areas, for the industrial use of the thermal energy of the earth's crust and for the provision and disposal of old mining works, 1)
(f) identification and evaluation of environmental factors;
(g) detection and elimination of anthropogenic pollution in the rock environment;
(h) identification and verification of geological and hydrogeological conditions for the establishment, operation and disposal of carbon dioxide storage facilities in natural rock structure21).
(2) Geological research includes a set of works which examine the creation and operation of geological processes, examine, evaluate and document the geological construction of the territory, its elements and its legality. Geological research is not part of the next stage.
(3) The geological survey includes dedicated geological work to examine territories in details exceeding geological research. Geological research shall be divided into bearing, survey for special interventions in the earth's crust, hydrogeological, engineering geological and survey of environmental geological agents.
(4) Bearing survey is broken down on stage
(a) searches which constitute a set of geological works designed to assess the territory in terms of the possible occurrence of mineral deposits, to find them, verify their approximate scope and significance, to calculate the search stocks and to identify conflicts of interest for subsequent exploration. For large bearings, only part of the bearing can be verified by stock calculation to allow separate use and the rest can be measured by defining the forecast source. The search shall be carried out in a territory where the deposit of the sought-after mineral has not been found and registered,
(b) a survey which shall be carried out on an already known and registered bearing in which the conquest area has not yet been established, to the extent necessary to obtain the documents necessary for the processing of the documentation under specific legislation, 1a) to calculate the stocks under investigation and to demonstrate their usefulness and to address conflicts of interest with the intended conquest of the bearing;
(c) a mining survey to be carried out in a specified conquest area in the extent and details necessary for the effective extraction of the bearing.
(5) The breakdown of exploratory geological work in the survey for specific interventions in the earth's crust, hydrogeological, engineering-geological, geophysical and geochemical surveys and the survey of geological agents affecting the environment is laid down by the Ministry of the Environment (hereinafter "the Ministry") by decree.
(6) In doubt, the Ministry will decide whether any activity is a geological work, or whether it is a geological research or a geological survey, and what stage it is.
CERTIFICATE FOR THE IMPLEMENTATION OF GEOLOGICAL WORKS
Authorisation to design, implement and evaluate geological works and certificate of competence
(1) Geological work
(a) carried out in the course of business;
(b) carried out by interference with the land;
(c) the results of which serve to fulfil the rights and obligations of public authorities
they are authorised to design, implement and evaluate only those natural and legal persons who comply with the conditions laid down by law (hereinafter referred to as "organisations') for whom such work is managed and whose performance is under the responsibility of a natural person with a certificate of competence for geological work to design, perform and evaluate (hereinafter referred to as" responsible geological work solver ').
(2) Geological works which do not fall within the work referred to in paragraph 1 are entitled to design, carry out and evaluate:
(a) scientific institutes, 1b) higher education institutions, 1c) secondary schools, higher vocational schools 1d) and musem1e) in the performance of their scientific or educational tasks;
b) Czech Geological Service.
(3) The Ministry shall decide on the competence of the responsible surveyor of the geological work. The decision issuing the certificate of professional competence of the responsible surveyor of geological work shall be for an indefinite period. The Ministry may revoke the decision on professional competence to a person who has seriously or repeatedly infringed the provisions of this Act or the provisions adopted pursuant to it. The procedure for the recognition of professional qualifications of nationals of Member States of the European Union shall be governed by specific legislation. (c)
(4) A condition of professional competence is the higher education of geological direction, professional experience in the field of at least three years, including a share in the solution of geological tasks, the professional level of hitherto work, the passing of the examination of knowledge required by the regulations (2a) and integrity. 2b) The Ministry shall, in order to prove its integrity, obtain an extract from the Register of Penalties in accordance with the special legislation (2d). An application for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form in a way that allows remote access. For applicants with more than 10 years of professional experience, the Ministry may, where justified, waive the failure to fulfil the conditions of higher education in the geological direction. In order to assess the professional level of the work to date, the Ministry shall entrust professional guarantees from experts recommended by professional associations. The evidence necessary to demonstrate the competence, specialisation and competence for which the competence is certified shall be determined by the Ministry by means of a decree.
(5) The responsible geological work solver provides projects, partial and final reports of geological work by hand signature and a round stamp, which contains a small state emblem of the Czech Republic, the name of the responsible geological work solver, the field or specialisation indicated and the serial number under which the certificate of competence was issued.
(6) A certificate of competence is not required for a person established in another Member State of the European Union and intends to design, carry out and evaluate geological work on a temporary basis within the territory of the Czech Republic if he proves that:
(a) is a national of a Member State of the European Union; and
(b) be entitled to design, implement or evaluate geological work under the legislation of another Member State of the European Union.
(7) Evidence of compliance with the conditions referred to in paragraph 6 shall be submitted to the Ministry before the start of these activities. The Ministry shall take a decision on non-compliance with the requirements for the design, implementation and evaluation of geological works within 15 days of the date on which the proof of compliance referred to in paragraph 6 was submitted to it.
The certificate of professional competence of the responsible surveyor of the geological work referred to in § 3 (3) shall also be issued by the futile expiry of the period and in accordance with § 28 to 30 of the Law on the Free Movement of Services. The Ministry shall decide on the application for certification within 3 months of the date of receipt of the application.
Determination of exploration area for bearing survey
(1) Geological work for the search and exploration of reserved mineral deposits and the exploration of exclusive mineral deposits may only be carried out in the exploratory territory established by the legal person or natural person authorised for mining activities, 3a) (hereinafter referred to as the contracting authority).
(2) The request for the establishment of an exploratory territory for the search and exploration of exclusive bearings (hereinafter referred to as the "exploratory territory") is made in duplicate and contains:
(a) a design of the exploratory territory, drawing it into the map of the surface situation on an appropriate scale, but not less than 1: 25 000 for the territory of up to 50 km2 and 1: 50 000 for 50 km2, with a calculation of the area content, and the coordinates of the peaks of the exploratory area defined by direct lines;
(b) mineral in the case of searches and exclusive mineral deposits in the case of exploration;
(c) a sketch of the boundaries of the mining areas, protected bearing areas, or other protected areas or protection zones, where appropriate, in the proposed exploratory territory and a list of those territories;
(d) data on applicants (2b) and evidence of his entitlement to the mining business;
(e) the stage of the work, the objective, the scope and the manner in which the work is carried out and the period for which the exploratory territory is requested;
(f) in the case of exploration or exploration of oil or gas deposits, evidence of the applicant's technical and financial capacity;
(g) the distribution of the area content of the survey area into the territory of individual municipalities. Where the proposed exploratory territory of an exclusive mineral bearing exceeds its scope as defined by a specific legislation, 3b) the application shall also include the written consent of the owners of the parcels concerned. (c)
(3) In the procedure for establishing the exploratory territory, the Ministry shall assess the integrity of the applicant, which shall be demonstrated by an extract from the Register of Penalties. The Ministry shall, in order to prove its integrity, request, in accordance with special legislation, 2d) an extract from the Register of Penalties. An application for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form in a way that allows remote access.
(4) In the exploratory territory, the contracting authority shall have the exclusive right to search for and survey the exclusive bearing in accordance with the definition of the exploratory territory.
(5) The designation of the exploratory territory may be transferred by the contracting entity to another natural person or legal person only under a written contract and with the written consent of the Ministry. Without this consent, the transfer is invalid. This Treaty shall transfer to the new contracting authority all obligations and obligations arising from the original contracting authority in connection with the design, implementation and evaluation of geological works since the beginning of the validity of the exploratory territory before the conclusion of the contract. The Ministry shall grant its consent to the person to whom the exploratory territory is to be transferred if that person demonstrates that he is able to meet the obligations and obligations assumed.
(6) The surface borders of the exploratory area are determined by a closed geometric pattern with direct sides whose vertices are defined by coordinates in the valid coordinate system. The boundaries below the surface are given by vertical planes passing through the sides of the surface pattern.
(7) The organisation which will implement the public prohibition (d) awarded by the Ministry for the Search or Exploration of the Beam of the Reserved Nest shall submit an application in accordance with paragraph 2.
(8) The request for the establishment of an exploratory area for special intervention in the Earth's crust (3e) is subject to a similar procedure as for the search for or exploration of mineral deposits.
(9) Where, during the period of validity of the designation of the exploratory territory, the contracting authority renounces the designation of the exploratory territory in writing or waives the authorisation to use part of that territory, that fact shall apply on the date of receipt of the notification to the Ministry.
(10) The Ministry shall keep a summary record of the designated exploratory territories. Data on the location and extent of the exploratory territory, mineral or bearing, the date of validity of the determination of the exploratory territory and the person at whose request that territory has been determined shall be made publicly available.
(1) The exploratory territory shall be established for the purpose of searching for and exploring the exclusive bearing.
(2) An application for the establishment of an exploratory territory shall be submitted to the Ministry. The party to the proceedings shall be the applicant, the municipality in whose territory the draft exploratory territory or part thereof is situated, or, where appropriate, the person to whom the special law 4a) grants the status of party to the proceedings. Only one exploratory area may be set up for an exclusive bearing.
(3) The receipt of the request referred to in paragraph 2 concerning the survey of the bearing found from the State Budget shall be notified by the Ministry in the Commercial Bulletin. A competitive application may be submitted within 30 days of notification of the application; no administrative procedure is initiated until that date. In the case of two or more applications, the Ministry shall decide on the basis of their assessment and take into account which application ensures that more complete geological information and better protection of legally protected interests are obtained.
(4) In the decision setting out the exploratory territory, the coordinates shall define the territory or, where appropriate, the exclusive bearing for which the survey territory is determined, the period of validity of the territory and the conditions for carrying out the work. In the case where the survey area is situated in the territory of several municipalities, the share of individual municipalities in km2 shall also be defined.
(5) The Ministry shall reject the request for the establishment of the exploratory territory where:
(a) the proposed exploratory territory overlaps, in whole or in part, with the territory already established for the same mineral, with another contracting authority or with a specified conquest area;
(b) prior agreement has been given on the bearing to submit a proposal for the establishment of a charging area under specific legislation3b to a person other than the applicant;
(c) the applicant does not demonstrate the required integrity or authorisation for mining activities;
(d) for the search for oil or gas deposits, the applicant shall not demonstrate technical or financial capacity;
(e) the applicant has been abolished in the last 10 years in accordance with Article 21 of this Law.
(6) The Ministry shall also reject the request for the establishment of the exploratory territory in particular if the survey is contrary to the state's raw material policy, the state's environmental policy, the interests of the state's defence, the state's foreign obligations or if the other public interest exceeds the interest in further exploration and subsequent use of the exclusive bearing.
(7) The period of validity of the decisions establishing the exploratory territory may be extended if the time limit laid down is not sufficient to put an end to the activity covered by the decision and the activity was carried out in accordance with the decision.
Fee for authorisation to perform bearing survey
(1) On the basis of the decision to determine the exploratory territory, the contracting authority shall pay a fee, the amount of which shall be derived from the area of that territory, which shall in the first year be CZK 2 000 for each year and the beginning of each year and the beginning of km2 of the specified exploratory territory. This fee is increased by CZK 1,000 per km2 each year.
(2) The fee for the authorisation to carry out a bearing survey, the amount of which has been determined in accordance with paragraph 1, shall be payable for the first year within three months of the beginning of the period of validity of the determination of the exploratory territory, for the following years at an annual interval from the beginning of the validity of the determination of the exploratory territory.
(3) The fee for the authorisation to carry out a bearing survey, the amount of which has been determined in accordance with paragraph 1, is the income of the municipality in whose territory the survey area is situated. Where the exploratory territory is situated in the territory of several municipalities, the contracting authority shall allocate the fee according to the ratio of the areas of the exploratory territory situated in the territory of each municipality.
Search and survey of mineral deposits
An organisation may only carry out search and survey of non-reserved mineral deposits by agreement with the owner of the land, unless otherwise specified in the specific regulation. 5)
Specific provisions for the search and exploration of oil or flammable gas deposits
(1) In accordance with the legislation of the European Communities (5a), the Ministry shall notify the receipt of a request for the establishment of an exploratory site for the search and exploration of oil or flammable natural gas deposits or its initiative in the Official Journal of the European Union (hereinafter the Official Journal). The notification shall specify the time limit within which a competitive application may be made. This period shall not be less than 90 days and shall begin to run on the day following the date of publication of the notice in the Official Journal. Administrative proceedings shall be opened on the day following the expiry of the period laid down in accordance with this paragraph.
(2) In the notification referred to in paragraph 1, the Ministry shall also indicate the legal act under which it will conduct the administrative procedure, the territory subject to the request and the proposed period of validity of the exploratory territory.
(3) In the case of two or more requests for the establishment of an exploratory territory, the Ministry shall, on the basis of their assessment, take into account the technical and financial capacity of the applicant, the proposed method of survey or search in the territory covered by the application and the application which ensures that more complete geological information is obtained and better protected by law.
(4) In accordance with paragraphs 1 to 3, no action shall be taken where a request for the establishment of an exploratory site for the exploration and exploration of oil or flammable natural gas deposits is made by the contracting authority where at least one of the boundaries of the proposed exploratory territory is common to the exploratory area for which a decision has already been given to establish an exploratory area for oil or flammable natural gas, either to the applicant or to another person. Where a survey area is provided for by a person other than the applicant, the Ministry shall invite the Ministry to comment on the application submitted or to submit a competing request within a reasonable time within the Ministry. Where a competing application is made, the Ministry shall decide on the establishment of an exploratory territory on the basis of an assessment which applicant is able to ensure the acquisition of the most complete geological information and the best protection of legally protected interests.
(1) The exploration and exploration area for oil or gas deposits shall be determined by the Decision for a period which is strictly necessary for the performance of geological work and for a territory which does not exceed the area justified by the most appropriate performance of geological work from a technical and economic point of view.
(2) The decision setting out the exploration area for the exploration and exploration of oil or gas deposits may lay down the conditions for:
(a) ensuring State defence;
(b) ensuring public order;
(c) protection of public health;
(d) ensuring transport safety;
(e) environmental protection, including the protection of natural resources;
(f) protection of the interests of state heritage care (5b) or protection of archaeological heritage (5c)
(g) ensuring the safety of equipment and staff;
(h) the protection and rational use of oil or flammable natural gas deposits;
(i) ensuring the revenue of public budgets linked to the establishment of the exploratory territory.
(3) If the Ministry finds that the purpose for which the exploratory territory was established has been achieved before the expiry of the relevant decision, it may shorten its period of validity in justified cases.
In accordance with the law of the European Communities (5a), the Ministry provides the competent authorities of the European Communities with information on the search and exploration of oil or flammable natural gas deposits, including information on freely accessible geographical areas for the search and exploration of oil or flammable natural gas, the authorisations granted and their holders, and on the identified and anticipated stocks of such raw materials located in the Czech Republic. The Ministry shall not disclose information which is of a commercial nature.
Specific provisions for the search and survey of carbon dioxide storage sites in natural rock structures
(1) The purpose of the search and survey for the location of the carbon dioxide storage site is to provide data for the description and assessment of the suitability of the planned storage complement22) in terms of carbon dioxide storage.
(2) The criteria for the description and assessment of the planned storage complex and surrounding areas necessary for the preparation of the final report on the results of the carbon dioxide storage and storage complex survey are set out in the Annex to this Act.
(3) During the period of validity of the Decision on the establishment of the exploratory territory, the use of a planned storage complex which would be contrary to the purpose of the Act on the storage of carbon dioxide in natural rock structures and amending certain laws, in particular those which could lead to the leakage of carbon dioxide from any future storage site or to a breach of its safety.
(4) In addition to the elements referred to in Section 4 (2), the request for the establishment of an exploratory area for the search and survey of carbon dioxide storage in natural rock structures shall include a proposal for monitoring of the impact tests.
(5) The Ministry shall cooperate with the competent authority of another Member State of the European Union in the procedure for establishing the exploratory territory for searching and exploring cross-border carbon dioxide storage.
PROJECTING, IMPLEMENTATION AND EVALUATION OF GEOLOGICAL WORKS
Design of geological works
(1) Geological work is carried out according to an approved project of geological work, which expresses in particular the objective pursued of geological work and determines the methodological and technical procedure for its professional, rational and safe implementation; The project includes the budget of geological works.
(2) The design of geological works shall be based on an evaluation of the results and lessons learned from previous geological works. It is examined whether geological work does not affect interests protected by specific regulations (§ 22).
(3) A project of geological work and its changes containing machine drilling work deeper than 30 m or machinery drilling work whose overall length exceeds 100 m is required to be sent to the Regional Authority in whose administrative area the work related to the intervention into the land is to be carried out at least 30 days before the start of the work related to the intervention. The Regional Authority shall address the project within 30 days in terms of interests protected by specific legislation. (2a) In justified cases, the contracting authority may impose measures of expert assessment by the Czech Geological Service, biological evaluation or other expert assessment or background. In that case, the start of such work shall be postponed for a reasonable period of time. If the Regional Authority does not comment on the project of geological work within 30 days, it shall be deemed not to have a reservation on the submitted project.
(4) The procedure for the design of geological works, for ensuring conflicts of interest protected by specific regulations and for the approval of the geological work project and its amendments shall be further detailed in the general binding legislation, which shall also lay down the requirements of the geological work project and where the implementation of geological work may be initiated exceptionally before the project is approved.
Geological records
(1) In order to ensure an overview of the geological work and of the organisations that carry it out, the geological work shall be recorded before its implementation. The file shall be processed by the organisation carrying out the geological work. It is obliged to submit these documents within 30 days of the beginning of these works to the Czech Geological Service, which will register the project and issue a confirmation about it.
(2) The records are not subject to geological work carried out by organisations in mining research.
(3) If registered geological work is not carried out or its focus or scope changes substantially during the course of the work, the organisation that made the request for registration shall notify the Czech Geological Service within 30 days of the decision to change the work or not to do so.
(4) The scope of the recorded data and the procedure for recording geological works are laid down by the Ministry by decree.
Implementation of geological work
(1) The organisation is obliged to carry out geological work professionally, rationally and safely in accordance with the Geological Work Project.
(2) The organisation is required to document and maintain, complete and maintain in due time during its implementation, written, graphic and material documents (hereinafter referred to as "geological documentation '). In doing so, it shall ensure that all geological facts are identified and recorded with the process of geological work and that further implementation of geological work is regulated accordingly.
(3) The implementation of geological work, the formalities and the content of the geological documentation will be further adapted by a generally binding legislation, which also provides for the period during which the geological documentation should be kept.
Submission of proposals and notifications
(1) In carrying out geological work, the organisation shall submit:
(a) the Ministry
1. a report on the detection of the exclusive bearing indicating the quantity of its stocks;
2. notification of environmental risk factors to the extent provided for in the implementing legislation. The definition of risk geo-factors and the details of their notification shall be laid down by the Ministry by decree,
3. by 31 January of the following year, an annual report on the extent and results of geological work carried out in the search for or exploration of the exclusive bearing;
(b) a notification to the Ministry of Health of the determination of the source of thermal or mineral water, gas, emulation and peloid;
c) Notice to the Czech hydrometeorological institute in Prague of finding a source of groundwater with a yield of more than 1,0 l.s-1 or a source of groundwater with a tension level (artesian water) with a yield of more than 0,5 l.s-1.
(2) The application or notification referred to in paragraph 1 shall be submitted by the organisation within 30 days of the finding of the fact to which the obligation applies.
(3) At least 15 days prior to the start of the geological work involving interference with the land, the organisation shall notify the purpose, scope and expected duration of the work to the municipality in whose territory it is to be carried out.
(4) Where organisations carrying out geological work find that interests protected by specific legislation are affected, 2a) which prevent or exclude the use of the results of such work, they shall immediately notify the contracting authority or the contracting entity of such geological work.
Evaluation of geological work
(1) The organisation shall evaluate the geological work carried out. The evaluation of all geological works contains in particular their overview and results in terms of the objective pursued in the project, new geological knowledge, including those not directly related to the objective of the project, especially mineral deposits and groundwater sources.
(2) The formalities and content of the evaluation of geological works will be further adapted by the generally binding legislation, which also lays down the deadlines for the evaluation of such works.
Refunds for geological work
Any person who makes use of the results of the geological work paid out of State budget resources shall be required to pay these funds in the amount, period and manner determined by the Ministry when deciding on a request for prior consent to submit a proposal for the establishment of a mining area under a specific legislation. (4b) The collection and recovery of such contributions shall be provided by the Ministry under specific legislation. (c)
Submission and making available of results of geological work
(1) The procuring entity is required to submit their results to the specified extent and arrangements for the permanent preservation of the Czech Geological Service within two months of the completion of the work.
(2) The results of the geological work transmitted for permanent storage pursuant to paragraph 1 shall be made available free of charge by the Czech Geological Service to the public authorities if they are needed for their activities.
(3) A contracting authority which has submitted the results of the geological work referred to in paragraph 1 may reserve that such results shall not be made available or made available to any other legal or natural person under a contract between the contracting authority and that legal or natural person, or, where appropriate, other conditions for making them available and used, except in the cases referred to in paragraph 2. However, these reservations and conditions may be applied by the contracting authority for a maximum period of seven years from the submission of the work to the Czech Geological Service. At the end of this period, the results of geological work are accessible without restriction, but national, professional and economic secrecy must be preserved. 5d) The Czech Geological Service provides services related to providing information on the results of these geological works for payment, 5e) which is its income.
(4) Organisations not subject to the obligation under paragraph 1 are required to submit written and graphic geological documentation of the geological work carried out by the Czech Geological Service within two months of the approval of the results of the work, but no later than six months after the completion of the work. In the case of geological works ending in the calculation of groundwater stocks, the organisation shall also submit this calculation.
(5) The submission of the results of geological work and the geological documentation and the conditions for making them available will be further adapted by the generally binding legislation.
Use of results of geological work in territorial planning
(1) The spatial planning and construction authorities, in their activities, are based on the results of geological work to ensure, as far as possible, in particular the protection of identified and anticipated deposits of minerals and groundwater resources and to create conditions for their economical use.
(2) The Ministry provides the zoning authorities with information on the results of geological work which may have an impact on the development of planning documentation and on the environment. The Ministry applies an opinion on the territorial planning documentation in view of the specific conditions of the geological construction of the territory.
(3) The Ministry may, in the interest of an efficient zoning procedure, define areas with specific conditions of geological construction, in particular presumed mineral deposits or particularly unfavourable engineering geological conditions. The construction authorities may grant a permit in such designated territories only on the basis of the opinion of the Regional Authority. In the territory of the military outreach (6) and in the interest territories of the military administration, the Ministry shall proceed with the definition of the territory according to the first sentence in the agreement with the Ministry of Defence and the observations on the territorial decision referred to in the second sentence by the office of departure.
Entry and use of foreign real estate
(1) In the intention to carry out geological work linked to the encroachment of land, the organisation shall, before entering the land, conclude with the owner of the land or, if it is not possible to identify the owner, a written agreement with the landowner on the implementation of geological work, the establishment of workplaces, access routes, water and energy supply, as well as the necessary land adjustments and the removal of crops and, where appropriate, the establishment of structures; the provisions of special legislation2a) remain unaffected.
(2) If the agreement referred to in paragraph 1 is not reached, the competent regional authority shall decide on the restriction of the ownership rights of the owner or the tenant of the property by imposing an obligation to suffer the execution of geological works. A decision to restrict the rights of the owner or the tenant of the property may be given only in the public interest, unless it is contrary to the state's raw material policy, to the extent necessary, for a fixed period of time, for compensation, and unless otherwise provided by that law, under special legislation, 7a) for:
(a) search for oil or gas deposits;
(b) search for deposits of reserved minerals covered entirely by the State budget;
(c) searching for and exploring groundwater resources for the bulk supply of drinking water or natural medical resources (mineral and thermal waters, gases and emanations);
(d) identification and evaluation of geological data for the production and protection of the environment;
(e) searching for and exploring geological structures suitable for storing hazardous and radioactive waste;
(f) searching for and exploring natural rock structures suitable for building underground storage tanks for the storage of natural gas or oil, or for the storage of carbon dioxide (21);
(g) the geological work needed for other activities carried out in the public interest;
(h) detection and evaluation of geological data necessary for the prevention or disposal of public health and public safety situations;
(i) geological work carried out in the performance of the State Geological Service.
(3) Entry into the premises and premises used by the armed forces or armed forces, entry into the places where the facilities serving the defence and security of the State are located, and into the territory defined by the Ministry of Defence or by the Ministry of Interior shall be governed by specific legislation in accordance with the procedure laid down in the building law. 8b)
Protection of research and research works
The owner of the property is obliged to abide by the marking and retention of significant research works and exploratory works determined by the Ministry and to refrain from anything that might damage, destroy or render useless such works.
Compensation
(1) (9) Save as otherwise provided in this Act, compensation for damage caused by an activity pursuant to Articles 14 (2) and 15 shall apply.
(2) The authorities and organisations are required, after the completion of the activities referred to in Articles 14 (2) and 14 (15), to immediately put the property used into its previous state, or to reclamate the land in agreement with the property owner.
(3) If it is not possible or economically effective to replace the damage caused by the introduction into the previous state, the owner of the property shall be entitled to compensation in cash.
(4) If the owner of the property is an activity pursuant to Paragraph 14 (2) or, where appropriate, by marking and storing significant research and research works pursuant to Paragraph 15, substantially limited in the normal use of the property, he shall also be entitled to adequate compensation for such a restriction. The right to compensation may be exercised with respect to the organisation within one year of the date of receipt of the notification of the termination of the geological work or, where appropriate, with respect to the Ministry within one year of the date of receipt of its decision to mark and retain significant research and research works, otherwise the right shall cease.
(5) If the search and survey of exclusive bearings is carried out with mining parts, special regulations apply to the compensation of damage caused. 10)
State Geological Service
(1) National geological services collect and provide data on the geological composition of the territory, the protection and use of natural mineral and groundwater resources and on geological risks.
(2) For the performance of the state geological service, the Ministry will establish the Czech Geological Service.
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Regulation Information
| Citation | Act of the Czech National Council No. 62 / 1988 Coll., on Geological Works |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.04.1988 |
|---|---|
| Effective from | 01.07.1988 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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