Decree No. 85 / 1988 Coll.
Decree of the Czech Geological Office on the procedure for the search and exploration of exclusive deposits in terms of the protection and rational use of mineral resources and on the notification of the occurrence of the deposit of a dedicated mineral, its remuneration and cost reimbursement
Valid
Effective from 01.07.1988
85
DECLARATION
Czech Geological Office
of 17 May 1988
on the procedure for the search and exploration of exclusive deposits in terms of the protection and rational use of mineral resources and the notification of the occurrence of the deposit of a dedicated mineral, its remuneration and cost reimbursement
The Czech Geological Authority provides pursuant to § 11 paragraph 5 and in agreement with the Ministry of Finance, Prices and Wages of the Czech Socialist Republic pursuant to § 12 paragraph 3 of Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Mining Act):
BASIC PROVISIONS
Purpose of the Order
The purpose of this decree is to set out in more detail the procedure for the search and exploration of the deposits of reserved minerals and those deposits of non-reserved minerals which are suitable for the needs and development of the national economy (the "exclusive bearing ') in order to create conditions for the early protection of identified exclusive deposits and to provide the survey results with a comprehensive basis for their rational use. The decree also sets out details of the notification of the occurrence of a dedicated mineral bearing found outside the framework of the organised search, its remuneration and cost reimbursement.
Obligation of the organisation to search for and explore exclusive bearings
(1) The organisation is required to evaluate the results achieved in the search and survey of exclusive bearings and to notify them to the competent authorities (§ 3 (1), § 5 (1), § 6 (3)) in order to issue, as soon as possible, a certificate of the exclusive bearing or a decision on the suitability of the non-reserved mineral for the needs and development of the national economy ("the exclusive bearing decision").
(2) When exploring the exclusive bearing, the organisation is obliged to obtain all the data necessary for the rational use of the bearing from the point of view of the mining industry and from the point of view of the comprehensive use of the bearing stock, including accompanying minerals and its commercial components. In doing so, they must ensure that the conditions for the acquisition of stocks of the exclusive bearing are not hampered by the way the geological work is carried out.
DETERMINATION OF EXTERNAL LEVEL
Exclusive bearing certificate
(1) If an organisation performing geological work finds a dedicated mineral to the extent that it allows it to be reasonably expected to accumulate, it shall immediately notify the Czech Geological Authority, and if it is about radioactive minerals, the Federal Ministry of Fuel and Energy to issue an exclusive bearing certificate.
(2) A finding corresponding to the conditions of use of the exclusive bearings (conditions) (1) and verified at least in part in the stocks of category C2 shall be considered a reasonable assumption of the accumulation of the dedicated mineral.
(3) The notification referred to in paragraph 1 shall include:
(a) a description of the geological task in which the accumulation of the dedicated mineral has been detected;
(b) the name and identification number of the cadastral territory (2) with the name and code of the district, (3) where the accumulation of the dedicated mineral has been detected;
(c) the nature of the reserved mineral and the expected size of the bearing;
(d) clear results of geological work and tests carried out to justify the accumulation of a dedicated mineral (paragraph 2);
(e) a situation diagram of the data referred to in points (b) and (c) in the map base on a scale which allows the clearly foreseeable size of the bearing to be expressed in five copies.
(1) The exclusive bearing certificate shall contain:
(a) name of the exclusive bearing, name and identification number of the cadastral territory (2) with name and code of the district, 3)
(b) the nature of the reserved mineral and the estimated extent of the exclusive bearing;
(c) a situation sketch of the exclusive bearing.
(2) The Czech Geological Authority, and if it is a radioactive mineral deposit, the Federal Ministry of Fuel and Energy will send a certificate of exclusive bearing
(a) the Czech Mining Authority,
(b) to the relevant national committee, which is the zoning authority;
(c) to the competent national committee, which shall be the building office or another body, where appropriate, where it exercises the competence of the building office.
Exclusive bearing decision
(1) If the organisation carrying out geological work finds that the examined deposit of an unreserved mineral is suitable for the needs and development of the national economy, it shall notify the Czech Geological Authority for the decision on the exclusive bearing, and at the same time submit a report on the outcome of the survey.
(2) The Czech Geological Authority may issue a decision on an exclusive bearing on the basis of its own finding that the explored deposit of an unreserved mineral is suitable for the needs and development of the national economy.
(3) A bearing whose stocks are verified on the basis of the results of the search and exploration and the conditions of use of the exclusive bearings (Conditions) 1, at least in category C2, shall be considered to be the unreserved mineral bearing examined.
(1) The decision on the exclusive bearing contains the data referred to in Paragraph 4 (1); it also contains a brief justification for the suitability of the bearing for the needs and development of the national economy.
(2) The Czech Geological Authority will send the decision on the exclusive bearing to the national committees referred to in § 4 (2) and to the competent district mining office.
(3) Where a decision on an exclusive bearing pursuant to § 7 (1) of the Mining Act is issued by a central authority other than the Czech Geological Authority, the provisions of § 5 and § 6 (1) and (2) shall apply mutatis mutandis. It will inform the Czech Geological Authority of its decision.
(4) If a decision on an exclusive bearing pursuant to § 7 (2) of the Mining Act is taken by the Czech Mining Office, the provisions of paragraphs 1 and 2 shall apply mutatis mutandis. It will inform the Czech Geological Authority of its decision.
CONDITIONS FOR THE PREPARATION OF PROFESSIONAL ELEMENTS
Procedure for searching and exploring exclusive bearings
When searching for and exploring an exclusive bearing, the organisation is obliged to:
a) to identify and evaluate all usable minerals of the bearing and its commercial components
1. guide the method, location and frequency of sampling according to the results achieved;
2. carry out the necessary mineralogical, petrological, chemical and technological analyses and tests;
3. to guide research into treatment and processing to the most complete use of the mineral and to reduce the impact of harmful ingredients;
4. quantify in the calculations of the stocks of the exclusive bearing and register the stocks of all identified minerals, including associated minerals and all their commercial components;
5. assess the technical possibilities and economic effectiveness of their use;
b) to create conditions for designing and constructing mines and quarries, opening, preparing and capturing the exclusive bearing according to the principles of mining technology and to ensure rational use of the exclusive bearing
1. examine and verify the size and shape of the bearing, its storage and tectonic conditions which may affect its conquest;
2. examine and determine the physical mechanical, geotechnology, engineering and hydrogeological properties of the bearing and surrounding rocks;
3. solve the relation of the watering of the bearing to its superstructures and substrates,
4. assess in the report on the outcome of geological work and in the calculations of stocks the mining conditions of the bearing and the effects of factors that make its use conditional (e.g. gas ratios, water inflows);
5. in the higher stages of the survey design the optimum way of opening and capturing the bearing;
(c) use methods and procedures which do not make it difficult or prevent the use of the exclusive bearing or part of it and do not cause unjustified losses in the stocks of the exclusive bearing; for these purposes
1. to place exploratory works, in particular the main mining works, in such a way that they are least bound by the stock of the bearing or that the conditions of its opening and conquest are not made difficult;
2. examine the possibilities of water, gas and mud drafts, increased radioactivity, self-ignition susceptibility and similar phenomena that may affect future use of the bearing;
3. use technological procedures for carrying out geological works which, when utilizing the bearing, do not cause the connection of the water horizons or unwanted watering of the bearing;
4. indicate, in the report on the result of geological washing, premises where surface structures and equipment cannot be located in terms of protection of bearing stocks, or where they can be established only under special measures;
d) to determine 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 important social interests
1. examine the connection or connection of the bearing to the surrounding mines and quarries, to the old mine parts and to the groundwater sources;
2. examine the impact of environmental geofactors on bearing usage, assess the possibilities and determine the conditions for overcoming or mitigating their negative effects;
3. to examine and design the possibilities for the location of drains, drains and drains so as not to impede future use of the bearing and the environment to be disturbed as little as possible;
4. to identify and evaluate conflicts of interest protected by special regulations (4) with interests for the use of the bearing and to propose solutions to the competent authorities;
(e) in the event of interruption of the search or exploration, take measures not to thwart the mining works and make it difficult to carry out further exploration and exploitation of the exclusive bearing; to that end
1. to assess and justify economically the effectiveness of the maintenance or disposal of exploratory works before the decision to suspend geological work on the bearing;
2. examine the possibility of temporary use of exploratory works for other purposes;
3. prepare in due time a plan of securing and, where appropriate, the disposal of mining works for searching and exploration.
Exclusive bearing groups
The stocks of the exclusive bearing must be verified in categories corresponding to the complexity of the geological construction of the bearing, the distribution of commercial and harmful components, or the complexity of the development of the collector's rocks, prior to its use. From these points of view, assessed in view of the manner in which stocks are used, exclusive bearings are classified in three groups.
Groups of exclusive solid mineral deposits
(1) The first group includes exclusive deposits of solid minerals or parts thereof with a simple geological structure, of permanent power and internal structures which are tectonic and only slightly damaged. Useful or harmful components are distributed regularly in the bearing. At the stage of the detailed bearing survey, the stocks of categories A and B are also checked.
(2) The second group includes exclusive deposits of solid minerals or parts thereof
(a) with simple geological construction only slightly damaged, where useful or harmful components are unregularly deployed;
(b) with a complex and tectomically disturbed geological structure in which useful or harmful components are distributed regularly;
(c) the geological structure and the distribution of commercial or, where appropriate, harmful components, the regularity of which is partially impaired.
They shall verify the stocks of category B and C1 at the stage of the detailed survey.
(3) Exclusive deposits of solid minerals or parts thereof with a very complex geological structure or with a very irregular distribution of commercial and harmful constituents are to be classified in the third group. At the stage of the detailed bearing survey, stocks of category C1 and C2 shall be checked.
Groups of exclusive bearings of liquid and gaseous minerals
(1) The first group includes exclusive bearings of liquid and gaseous minerals or parts thereof with a simple geological structure bound to the elevation structures with constant development of collector rocks. At the stage of the detailed bearing survey, the stocks of categories A and B are also checked.
(2) The second group includes exclusive bearings of liquid and gaseous minerals or parts thereof with complex geological construction or bearings with a simple geological construction linked to non-anticlinal types of traps with regular development of collector's rocks. They shall verify the stocks of category B and C1 at the stage of the detailed survey.
(3) Exclusive bearings of liquid and gaseous minerals or parts thereof with a very complex geological structure and irregular development of collectors' rocks are to be classified in the third group. At the stage of the detailed bearing survey, stocks of category C1 and C2 shall be checked.
Balance sheet stock categories ratio
(1) For the investment construction of a mine or quarry, a treatment plant or processing plant, as appropriate, the amount of balance sheet stocks of the exclusive bearing corresponding to the planned capacity and service life shall be verified and approved. The balance stocks must be verified and approved in proportion to the categories determined with respect to the bearing group by the central authority within whose competence the organisation preparing the investment construction is in agreement with the Czech Geological Authority and the Czech Mining Authority (5).
(2) The balance sheet stocks of that part of the exclusive bearing which will be used first shall be verified in the most detail. If this part is not decisive for its use by its development, in particular by its technical conditions, the part of the bearing that is characteristic of its future use shall be verified in more detail.
Special conditions for the preparation of the exclusive bearing for use
(1) Each sole bearing shall be verified before its use by geological and mining (hydrogeological, engineering, geological and other) factors that are conducive to conquest and solve the technologies of treatment, processing and processing of mineral materials, as required in detail by the development of project documentation for the construction of the mine or refraction plant, or processing plant, and the design of the opening, preparation and conquest plan.
(2) If further usable mineral is present on the sole bearing, its occurrence and stocks shall be verified at least to the extent necessary to determine its economic importance and the possibility of its use.
(3) On exclusive bearings, where the raw material base of the mine or quarry does not form the stock of the whole bearing, the inventory in category C2 shall be verified in the other part of the bearing, or prognostic sources shall be estimated if they can influence the method of opening, preparing and capturing and placing industrial and other structures and equipment.
Paragraph 11 and 12 shall not apply to cases where an exclusive bearing or part thereof is to be obtained in the interests of a more rational use without the establishment of a conquest area by the organisations which have carried out or carried out its survey. 6)
NOTIFICATION OF THE EXPLOSION
Notification obligation
(1) If an organisation or citizen outside the framework of an organised search finds the occurrence of a bearing of a dedicated mineral (hereinafter referred to as "occurrence"), he is obliged to notify the Czech Geological Authority without delay. 7) The notification of an organisation or a citizen (hereinafter referred to as the notifier) shall include the location, time, method of detection and description of the occurrence, the type of mineral and, where appropriate, other data relevant for the assessment of the occurrence.
(2) The notifier shall refrain from activities which would make it difficult or reduce the assessment of the occurrence; is obliged to keep the occurrence intact and accessible until its assessment, but not more than 30 days after its notification. If the continuous operation of the notifier is threatened, the Czech Geological Authority will agree with it a reasonable time to allow access to the detected occurrence.
FINAL PROVISIONS
For the territory of the Czech Socialist Republic, the Decree of the Government Committee on Geology No. 216 / 1957 Ú. l., on certificates and rewards for the discovery of reserved mineral deposits is hereby repealed.
This Decree shall take effect on 1 July 1988.
Chairman:
JUDr.
1) Article 13 of Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (the Mining Act). Government Decree No. 80 / 1988 Coll., on determining the conditions, classification of stocks of exclusive bearings and on assessing, approving and state expertise in their calculations.
2) § 3 of Decree of the Federal Statistical Office and Federal Ministry of Technical and Investment Development No. 120 / 1979 Coll., on the spatial identification of information.
3) Article 1 of Decree 1793 / 78- 032- 918 of 9.6.1978 amending the numbering of the counties and counties of the CSSR, registered at No. 25 / 1978 Coll.
4) For example, Act No. 51 / 1964 Coll., on Railways, and Decree of the Ministry of Transport and Central Mining Office No. 28 / 1967 Coll., on the Protection of Agricultural Soil Fund, as amended by Act No. 75 / 1976 Coll., Act No. 110 / 1964 Coll., on Telecommunications, Act No. 20 / 1966 Coll., Act No. 138 / 1973 Coll., on the Management of People's Health, Act No. 53 / 1966 Coll., Act No. 40 / 1956 Coll., on State Protection of Nature, as amended, Act No. 20 / 1987 Coll., on State Protection, Act No. 61 / 1977 Coll., on Forests.
5) § 11 of the ČNR Act No. 62 / 1988 Coll., on Geological Works and on the Czech Geological Office.
6) Paragraph 24 (4) of the Mining Act.
7) Paragraph 12 (1) of the Mining Act.
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Regulation Information
| Citation | Decree of the Czech Geological Office No. 85 / 1988 Coll., on the procedure for searching for and exploring exclusive deposits in terms of the protection and rational use of mineral assets and on the notification of the occurrence of a deposit of a dedicated mineral, its remuneration and on the reimbursement of costs |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.05.1988 |
|---|---|
| Effective from | 01.07.1988 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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